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CONTINENTAL STEEL CORP. v. UNITED STATES

Court No. 84-05-00728.

614 F.Supp. 548 (1985)

CONTINENTAL STEEL CORP., et al., Plaintiffs, v. UNITED STATES, Defendant. AMAX CHEMICAL, INC. and Kerr-McGee Chemical Corp., Plaintiffs, v. UNITED STATES, Defendant.

United States Court of International Trade.

July 30, 1985.

Attorney(s) appearing for the Case

Wiley & Rein, Washington, D.C. (Charles Owen Verrill, Jr., James M. Johnstone, Robert E. Nielsen and William B. Baker, Washington, D.C.), for plaintiffs Continental Steel Corp., Georgetown Steel Corp. and Raritan River Steel Co.

Fried, Frank, Harris, Shriver & Kampelman, Washington, D.C. (David E. Birenbaum and Alan G. Kashdan, Washington, D.C.), for plaintiff Atlantic Steel Co.

Drinker, Biddle & Reath, Washington, D.C. (W.N. Harrell Smith, Washington, D.C., and James S. Gkonos) for plaintiffs Amax Chemical, Inc. and Kerr-McGee Chemical Corp.

Richard K. Willard, Acting Asst. Atty. Gen., David M. Cohen, Director, Commercial Litigation Branch, Washington, D.C. (Kevin C. Kennedy, Washington, D.C.), for defendant.

Wilmer, Cutler & Pickering, Washington, D.C., (C. Loring Jetton, Jr., John D. Greenwald, Deborah M. Levy, and Stephen J. Schnably, Washington, D.C.), for amicus curiae, American Textile Manufacturers Institute.

Opinion and Order

WATSON, Judge:

These consolidated actions were brought to challenge the conclusion of the International Trade Administration of the Department of Commerce (Commerce) that, as a matter of law, subsidies cannot be found in countries which have nonmarket economies.

In two countervailing duty investigations the challenged conclusion led Commerce to reach final determinations that manufacturers, producers, or exporters of carbon...

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