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DONGBU STEEL CO., LTD. v. U.S.

No. 2010-1271.

635 F.3d 1363 (2011)

DONGBU STEEL CO., LTD., Plaintiff, and Union Steel Manufacturing Co., Ltd., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee, and Arcelormittal USA, Inc., Defendant, and United States Steel Corporation, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

March 31, 2011.

Attorney(s) appearing for the Case

Donald B. Cameron , Troutman Sanders LLP, of Washington, DC, argued for plaintiff-appellant. With him on the brief were Julie C. Mendoza , R. Will Planert , Brady W. Mills and Mary S. Hodgins .

Claude Burke , Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United Stated Department of Justice, of Washington, DC, argued for defendant-appellee United States. With her on the brief were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director, and Patricia M. McCarthy , Assistant Director. Of counsel on the brief was Jonathan Zielinski , Office of Chief Counsel for Import Administration, United States Department of Commerce, of Washington, DC.

Ellen J. Schneider , Skadden, Arps, Slate, Meagher & Flom LLP, of Washington, DC, argued for defendant-appellee United States Steel Corporation. On the brief were Robert E. Lighthizer and Jeffrey D. Gerrish . Of counsel was James C. Hecht .

Before LINN, PLAGER, and PROST, Circuit Judges.

PROST, Circuit Judge.

This is a trade case involving the Department of Commerce's ("Commerce's") practice of "zeroing" certain negative values when calculating duties in antidumping investigations and administrative reviews. Specifically, this case concerns Commerce's use of zeroing in administrative reviews. Commerce has previously argued that the relevant statutory provision compels zeroing. This court has opined that...

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