United States DC Circuit

An order granting a subpoena for the production of documents under section 333(b) of the Tariff Act is reversed where the record lacks sufficient evidence to determine that defendant controls, and therefore is able to produce, the subpoenaed documents.

Appellate Information

• Argued 04/15/2005
• Decided 06/10/2005
• Published 06/10/2005

Judges

• Before:  GINSBURG, Chief Judge, and ROGERS and TATEL, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Matthew J. Brigham argued the cause for appellant.   With him on the briefs was Thomas J. Friel, Jr. and Lori R.E. Ploeger.


• For Appellees:
  
• Wayne W. Herrington, Counsel, U.S. International Trade Commission, argued the cause for appellee.   On the brief were Timothy P. Monaghan, Attorney, and Neal J. Reynolds, Acting Assistant General Counsel., Louis S. Mastriani and Scott A. Lasher were on the brief for amici curiae Carsem (M) SDN BHD, et al. in support of appellee.