Giorgio Foods, Inc. v. United States

OPINION

WALLACH, Judge:

I

INTRODUCTION

Plaintiff Giorgio Foods, Inc. (“Giorgio” or “Plaintiff’) filed a Second Motion for Leave to Amend the Complaint (“Plaintiffs Motion”) seeking to amend its Complaint in five ways. First, in light of the Federal Circuit’s decision in SKF USA, Inc. v. U.S. Customs and Border Prot., 556 F.3d 1337 (Fed.Cir.2009), cert. denied, — U.S. -, 130 S.Ct. 3273, 176 L.Ed.2d 1182 (2010), Giorgio wishes to drop its First Amendment facial challenge to the petition support eligibility requirement of the Continued Dumping and Subsidy Offset Act, 19 U.S.C. § 1675(c) (“CDSOA”)…