MacLean-Fogg Co. v. United States , 2014 CIT 153 ( 2014 )

Slip Op. 14-
UNITED STATES COURT OF INTERNATIONAL TRADE
MACLEAN-FOGG CO., et al.,
Plaintiffs,
Before: Donald C. Pogue,
v. Senior Judge
UNITED STATES, Consol. Court No. 11-002091
Defendant.
ORDER FOR REMAND
This remand order follows MacLean-Fogg Co. v. United
States, 753 F.3d 1237 (Fed. Cir. 2014), reh’g en banc denied
Ct. No. 13-1187, ECF No. 82 (Dec. 1, 2014) (per curiam). The
Court of Appeals for the Federal Circuit reversed and remanded
this Court’s previous determination in MacLean-Fogg Co. v.
United States, __ CIT __, 885 F. Supp. 2d 1337 (2012).
Accordingly, MacLean-Fogg Co. v. United States,
Consol. Ct. No. 11-00209, is hereby remanded to the Department
of Commerce for reconsideration consistent with the Court of
Appeals’ opinion.
Commerce shall have until February 23, 2015, to
complete and file its remand redetermination. Plaintiffs,
Plaintiff-Intervenors, and Defendant-Intervenor shall have until
March 9, 2015, to file comments. Defendant shall have until
March 19, 2015, to file any reply.
IT IS SO ORDERED.
/s/ Donald C. Pogue
Donald C. Pogue, Senior Judge
Dated: December 22, 2014
New York, NY
1 This action is consolidated with Court Nos. 11-00210, 11-00220,
and 11-00221. Order, Aug. 23, 2011, ECF No. 26.