Encon Industries, Inc. v. United States

Opinion

Restani, Judge:

This matter is before the court on separate motions to dismiss filed by the international Trade Commission (“ITC”) and the United States (“Commerce”). In its complaint, Plaintiff, Encon Industries, Inc., challenges the amended final determination entitled Ceiling Fans from the People’s Republic of China, 59 Fed. Reg. 9956 (Dep’t Comm. Mar. 2, 1994) (amended final determ, of sales at less than fair value (“LTFV”)). Commerce alleges that Encon lacks standing to file suit, as it did not participate in the proceedings leading to the Commerce determination which it…