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GILMORE STEEL CORP. OR. STEEL MILLS DIV. v. U.S.

Court No. 86-05-00606.

672 F.Supp. 1459 (1987)

GILMORE STEEL CORPORATION, OREGON STEEL MILLS DIVISION, Plaintiff, v. UNITED STATES, Defendant, and Pohang Iron and Steel Company, Ltd., Intervenor.

United States Court of International Trade.

October 6, 1987.

Attorney(s) appearing for the Case

Heller, Ehrman, White & McAuliffe, John H. Cutler, Rene P. Tatro and Eric J. Sinrod, San Francisco, Cal., for plaintiff.

Richard K. Willard, Asst. Atty. Gen., David M. Cohen, Director, Commercial Litigation Branch, Civil Div., U.S. Dept. of Justice, Jeanne E. Davidson, for defendant; Lisa Koteen, Atty. Advisor, Dept. of Commerce, Washington, D.C., of counsel.

Mudge Rose Guthrie Alexander & Ferdon, N. David Palmeter, Donald B. Cameron, Jr. and Julie C. Mendoza, Washington, D.C., for intervenor.

OPINION

TSOUCALAS, Judge:

This action is before the Court, pursuant to USCIT R. 56.1, on cross-motions for judgment on an agency record. It raises a question of first impression regarding the Commerce Department's authority to revoke an outstanding antidumping duty order.

Background

On August 22, 1984 the International Trade Administration of the Department of Commerce (hereinafter "ITA" or "Commerce") issued an antidumping order covering...

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