`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`
`
`
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`C.A. No. 17-770-JDW
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`JURY TRIAL DEMANDED
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`
`
`)))))))))
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`
`WIRTGEN AMERICA, INC.,
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`
`
`
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`CATERPILLAR INC.,
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`
`
`Defendant.
`
`Plaintiff,
`
`
`
`v.
`
`
`
`
`
`DECLARATION OF RANDAL C. MILLER
`IN SUPPORT OF JOINT MOTION TO SEAL
`
`
`I, Randal C. Miller, declare as follows:
`1.
`I am an attorney at the law firm of Wilson Sonsini Goodrich & Rosati (“WSGR”),
`which has been engaged to represent Defendant Caterpillar Inc. I am admitted to practice law in
`the States of California and Washington. I have personal knowledge of the facts set forth herein
`and, if called as a witness, I could and would testify competently thereto.
`2.
`Ex. 11 to the Statement of Undisputed Material Facts in support of Plaintiff’s
`Motion to Exclude Certain Expert Testimony and for Summary Judgment (the “Wirtgen
`Statement”) contains excerpts of the hearing transcript in Certain Road Milling Machines and
`Components Thereof, Inv. No. 337-TA-1067. The highlighted portions of this exhibit represent
`the part of the transcript that was taken in closed session of the hearing.
`3.
`Ex. 12 to the Wirtgen Statement is the October 2, 2018 Final Initial Determination
`in Certain Road Milling Machines and Components Thereof, Inv. No. 337-TA-1067. The
`highlighted portions of this exhibit represent the portions of the Initial Determination that were
`redacted in the corresponding public version.
`4.
`Ex. 39 to the Parties’ Joint Compiled Statement of Material Facts in Relation to
`Caterpillar’s Motions for Summary Judgment (the “Caterpillar Statement”) is a November 24,
`2021 letter from Mr. James Barney to Ms. Jessica Wu, Attorney-Advisor at U.S. Customs and
`
`
`
`
`
`Case 1:17-cv-00770-JDW Document 227 Filed 10/05/23 Page 2 of 2 PageID #: 22966
`
`Border Protection regarding Certain Road Milling Machines and Components Thereof, Inv. No.
`337-TA-1067. The highlighted portions of this exhibit represent the portions of the letter that
`were ordered redacted in the corresponding public version of this document.
`5.
`Ex. 40 to the Caterpillar Statement is an April 2, 2022, letter from Mr. Dax
`Terrill, Chief, Exclusion Enforcement Branch of U.S. Customs and Border Control to Mr.
`Barney regarding Certain Road Milling Machines and Components Thereof, Inv. No. 337-TA-
`1067. The highlighted portions of this exhibit represent the portions of the letter that were
`ordered redacted in the corresponding public version of this document.
`6.
`Ex. 41 to the Caterpillar Statement is an October 14, 2020, letter from Mr. Barney
`to Ms. Alaina van Horn, Regulation and Rulings, Office of Trade, at U.S. Customs and Border
`Protection regarding Certain Road Milling Machines and Components Thereof, Inv. No. 337-
`TA-1067. The highlighted portions of this exhibit represent the portions of the letter that were
`ordered redacted in the corresponding public version of this document.
`7.
`Ex. 42 to the Caterpillar Statement is a May 19, 2021, letter from Mr. Terrill,
`Chief, Exclusion Enforcement Branch of U.S. Customs and Border Control to Mr. Barney
`regarding Certain Road Milling Machines and Components Thereof, Inv. No. 337-TA-1067.
`The highlighted portions of this exhibit represent the portions of the letter that were ordered
`redacted in the corresponding public version of this document.
`I declare under penalty of perjury under the laws of the United States of America that the
`foregoing is true and correct.
`
`
`Executed in Issaquah, WA on October 5, 2023.
`
`
`
`
`
`By: ________________________________
`Randal C. Miller
`
`2
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`
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