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1:16-cv-00243 - Jinxiang Huameng Imp & Exp Co., Ltd v. United States


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1:16-cv-00243 - Jinxiang Huameng Imp & Exp Co., Ltd v. United States
May 10, 2017
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Order entered on 5/10/2017, Slip opinion: 17-57. ORDERED that Plaintiffs Motion to Amend Complaint is granted in part and denied in part; and it is further ORDERED that Plaintiff is granted leave to amend its complaint to include (1) the 28 U.S.C. § 1581(i) claim challenging Customs liquidation of the entry that was the subject of Plaintiffs new shipper review and (2) the 28 U.S.C. § 1581(i) claim challenging Commerces liquidation instructions issued in the administrative review of the antidumping duty order on fresh garlic from China; and it is further ORDERED that Plaintiff is denied leave to amend its complaint to add the 28 U.S.C. § 1585 claim alleging that equity requires reliquidation in order to avoid substantial injury to the importer of record; and it is further ORDERED that Plaintiff shall refile its First Amended Complaint to conform with this Memorandum and Order on or before May 12, 2017. (related document(s)35).(Love, Cynthia)
May 10, 2017
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Order entered on 5/10/2017,Slip opinion: 17-58. ORDERED that Defendants Motion to Dismiss for Lack of Jurisdiction is denied; and it is further ORDERED that, consistent with the schedule set in the courts Order, ECF No. 34 issued on March 3, 2017, the action shall proceed as follows: (1) Plaintiffs motion for judgment on the agency record and brief in support shall be filed on or before June 9, 2017; (2) Defendants and Defendant-Intervenors response briefs shall be filed on or before August 8, 2017; (3) Plaintiffs reply brief shall be filed on or before September 5, 2017; (4) Plaintiff shall file the joint appendix on or before September 19, 2017; and (5) Any requests for oral argument shall be filed on or before September 26, 2017. (related document(s)25).(Love, Cynthia)