GEORGETOWN STEEL CORP. v. UNITED STATES

Appeal No. 85-2805.

801 F.2d 1308 (1986)

GEORGETOWN STEEL CORPORATION, et al., Appellees, v. The UNITED STATES, Appellant.

United States Court of Appeals, Federal Circuit.

September 18, 1986.


Attorney(s) appearing for the Case

David M. Cohen, Director, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., for appellant. With him on the brief were Richard K. Willard, Asst. Atty. Gen. and Velta A. Melnbrencis. Daniel Hunter, Dept. of Commerce, Intern. Trade Admin., Washington, D.C., of counsel.

Richard O. Cunningham, Steptoe & Johnson, Washington, D.C., for OCAP. With him on the brief were Susan G. Esserman, Jeanne E. Davidson and Jo Anne Swindler.

Charles Owen Verrill, Jr., Wiley & Rein, Washington, D.C., for appellee Georgetown Steel Corp. With him on the brief were James M. Johnstone, Robert E. Nielsen and William B. Baker.

David E. Birenbaum and Alan Kashdan, Fried, Frank, Shriver, Harris & Jacobson, Washington, D.C., were on the brief for appellee Atlantic Steel Co.

W.H. Harrell Smith, Drinker, Biddle & Reath, Washington, D.C., for amicus curiae, U.S. Steelworkers. With him on the brief was James S. Gkonos, of counsel.

N. David Palmeter and Jeffrey S. Neeley, Mudge Rose Guthrie Alexander & Ferdon, Washington, D.C., were on the brief for appellees Kali-Bergbau and Philipp Bros., Inc. Kevin B. Dwyer, Mudge Rose Guthrie Alexander & Ferdon, Washington, D.C., entered an appearance for appellee Kali-Bergbau and Philipp Bros., Inc.

C. Loring Jetton, Jr., John D. Greenwald and Thomas F. Connell, Wilmer, Cutler & Pickering, Washington, D.C., were on the brief for amicus curiae, American Textile Mfrs. Institute.

Eugene L. Stewart, Terence P. Stewart, James R. Cannon, Jr., Mary Elizabeth Tuck and D. Scott Nance, Stewart & Stewart, Washington, D.C., were on the brief for amicus curiae, PPG Industries, Inc. and The Timken Co.

Before MARKEY, Chief Judge, and FRIEDMAN and NIES, Circuit Judges.


FRIEDMAN, Circuit Judge.

The substantive issue in this case, here on appeal from the Court of International Trade, is whether the countervailing duty provisions in section 303 of the Tariff Act of 1930, as amended, 19 U.S.C. § 1303 (1982), apply to alleged subsidies granted by countries with so-called nonmarket economies for goods exported to the United States. The International Trade Administration of the Department of Commerce (Administration) held that section...

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