Shanghai Eswell Enterprise Co., Ltd. v. United States ( 2009 )

NOTE: This disposition is nonprecedential. United States Court of Appeals for the Federal Circuit 2009-1163 SHANGHAI ESWELL ENTERPRISE CO., LTD., JINFU TRADING CO., LTD., and ZHEJIANG NATIVE PRODUCE & ANIMAL BY-PRODUCTS IMPORT & EXPORT GROUP CORP., Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee, and THE AMERICAN HONEY PRODUCERS ASSOCIATION OF AMERICA and THE SIOUX HONEY ASSOCIATION, Defendants-Appellees. Ned H. Marshak, Grunfeld Desiderio Lebowitz Silverman & Klestadt, LLP, of New York, New York, argued for plaintiffs-appellants. With him on the brief was Bruce M. Mitchell. Of counsel were Adam M. Dambrov, and Mark E. Pardo, of Washington, DC. Stephen C. Tosini, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee United States. On the brief were Tony West, Assistant Attorney General, Jeanne E. Davidson, Director, Reginald T. Blades, Jr., Assistant Director, and Jane C. Dempsey, Trial Attorney. R. Alan Luberda, Kelley Drye & Warren LLP, of Washington, DC, argued for defendants-appellees The American Honey Producers Association of America, et al. With him on the brief were Michael J. Coursey, and John M. Herrmann. Appealed from: United States Court of International Trade Judge Richard K. Eaton NOTE: This disposition is nonprecedential. United States Court of Appeals for the Federal Circuit 2009-1163 SHANGHAI ESWELL ENTERPRISE CO., LTD., JINFU TRADING CO., LTD., and ZHEJIANG NATIVE PRODUCE & ANIMAL BY-PRODUCTS IMPORT & EXPORT GROUP CORP., Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee, and THE AMERICAN HONEY PRODUCERS ASSOCIATION OF AMERICA and THE SIOUX HONEY ASSOCIATION, Defendants-Appellees. Judgment ON APPEAL from the UNITED STATES COURT OF INTERNATIONAL TRADE in CASE NO(S). 05-00439 This CAUSE having been heard and considered, it is ORDERED and ADJUDGED: Per Curiam (LOURIE, RADER, and PROST, Circuit Judges). AFFIRMED. See Fed. Cir. R. 36. ENTERED BY ORDER OF THE COURT DATED November 5, 2009 /s/ Jan Horbaly Jan Horbaly, Clerk