SAARSTAHL AG v. U.S.

Slip Op. 96-190. Court No. 93-04-00219.

949 F.Supp. 863 (1996)

SAARSTAHL AG, Plaintiff, v. UNITED STATES, Defendant, and Inland Steel Bar Co., Defendant-Intervenor.

United States Court of International Trade.

December 2, 1996.


Attorney(s) appearing for the Case

deKieffer & Horgan (J. Kevin Horgan, Marc E. Montalbine), Washington, DC, for plaintiff.

Frank W. Hunger, Assistant Attorney General of the United States; David M. Cohen, Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, (A. David Lafer, Jeffrey M. Telep); Jeffery C. Lowe, Attorney-Advisor, Office of Chief Counsel for Import Administration, United States Department of Commerce, Washington, DC, for defendant.

Wiley, Rein & Fielding (Charles O. Verrill, Washington, DC, Will Martin, Winston-Salem, NC), for defendant-intervenor.


OPINION

CARMAN, Chief Judge:

Before the Court is plaintiff's Motion for Leave to Amend its Complaint to include a Count VII challenging the Department of Commerce's ("Commerce" or "Department") use of the 15-year useful life found in the Internal Revenue Service (IRS) tax tables to allocate the benefit of nonrecurring subsidies, rather than the actual average useful life of Saarstahl's physical assets. Saarstahl requests the Court remand the issue to the...

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