In Re Bally Gaming, Inc. ( 2011 )


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  • NOTE: This order is nonprecedential
    United States Court of AppeaIs
    for the FederaI Circuit
    IN RE BALLY GAMING, INC.
    20 1 1- 1 1 32
    (Reexarninati0n No. 90/0U6,601)
    Appea1 from the United States Patent and Traden1a1'k
    Office, Board of Patent Appeals and Interferences.
    ON MOTION
    ORDER
    Ba1ly Gan1ing, Inc. moves with the consent of the
    United States Patent and Traden1ark Off1ce for a 25-day
    extension of time, until July 15, 2011, to file its reply
    brief
    Upon consideration thereof,
    IT IS ORDERED TH.ATZ
    The motion is granted
    HOME PRODUCTS V. US 2
    Home Products International, Inc. (Home Products)
    moves to summarily reverse the judgment of the United
    States Court of lnternational Trade in this case due to
    this court's recent decision in Home Prods. Int’l, Inc v.
    United States, 
    633 F.3d 1369
     (Fed. Cir. 2011) (hereinafter
    Home Pr0ds. I) and to remand for further proceedings.
    The United StateS does not oppose summary disposition
    but moves for vacatur rather than reversal. Home Prod-
    ucts replies.
    This appeal concerns an antidumping duty order cov-
    ering floor-standing, metal-top ironing tables and certain
    parts thereof from the People’s Republic of China. Com-
    merce determined that Since Hardware (Guangzhou) Co.
    Ltd. (Since Hardware) and other Chinese exporters were
    selling ironing tables in the United States at less than
    fair value, and the International Trade Commission found
    material injury. Thereafter, in the first and second
    administrative reviews of that antidumping order, Com-
    merce calculated dumping margins for Since Hardware.
    Because the agency considered those margin percentage
    determinations de minimis, Commerce did not impose any
    antidumping duties on Since Hardware for these review
    periods.
    Home Products, an American manufacturer of iron
    tables, initiated actions in the Trade Court challenging
    the results of Commerce’s first and second administrative
    review. This appeal stems from Home Products challenge
    to Commerce’s first administrative review, while Home
    Products’ appeal from the Trade Court’s decision in the
    second administrative review gave rise to Home Prods. I.
    While these challenges were pending, Commerce con-
    ducted its third administrative review of the same anti-
    dumping order. During that proceeding, new evidence
    was brought to light that indicated Since Hardware had
    

Document Info

Docket Number: 2011-1132

Filed Date: 6/23/2011

Precedential Status: Non-Precedential

Modified Date: 4/17/2021