BRITISH STEEL PLC v. U.S.

Nos. 96-1401, 96-1402, 96-1404, 96-1405 and 96-1406.

127 F.3d 1471 (1997)

BRITISH STEEL PLC, Plaintiff-Appellant, and Government of the United Kingdom of Great Britain and Northern Ireland, Plaintiff, v. UNITED STATES, Defendant/Cross-Appellant, v. BETHLEHEM STEEL CORPORATION, Inland Steel Industries, Inc., and U.S. Steel Group — A UNIT of USX Corporation, Defendants-Appellees, and Geneva Steel, Gulf States Steel Inc. of Alabama, Lukens Steel Co., and Sharon Steel Corporation, Defendants. USINAS SIDERURGICAS DE MINAS GERAIS, S.A., Plaintiff, and Companhia Siderurgica Nacional, Plaintiff, v. UNITED STATES, Defendant/Cross-Appellant, BETHLEHEM STEEL CORPORATION, AK Steel Corporation, Inland Steel Industries, Inc., LTV Steel Company, Inc., National Steel Corporation, and U.S. Steel Group — A Unit of USX Corporation, Defendants-Appellees, and Gulf States Steel, Inc. of Alabama, Geneva Steel, Lukens Steel Co., and WCI Steel Inc., Defendants. ALTOS HORNOS DE MEXICO, S.A. DE C.V., Plaintiff-Appellant, v. UNITED STATES, Defendant/Cross-Appellant, v. BETHLEHEM STEEL CORPORATION, AK Steel Corp., Inland Steel Industries, Inc., LTV Steel Company, Inc., National Steel Corporation, and U.S. Steel Group — A Unit of USX Corporation, Defendants-Appellees, and Lukens Steel Company, Gulf States Steel Inc., of Alabama, Sharon Steel Corporation, WCI Steel Inc., and Geneva Steel, Defendants.

United States Court of Appeals, Federal Circuit.

October 24, 1997.


Attorney(s) appearing for the Case

Richard O. Cunningham and Peter Lichtenbaum, Steptoe & Johnson LLP, Washington, DC, argued for plaintiff-appellant British Steel PLC. With them on brief were Sheldon E. Hochberg and William L. Martin, III.

A. David Lafer, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, DC, argued for defendant/cross-appellant United States. With him on brief were Frank W. Hunger, Assistant Attorney General, and David M. Cohen, Director. Of counsel on brief were Stephen J. Powell, Chief Counsel, John D. McInerney, Senior Counsel, Elizabeth C. Seastrum Senior Counsel, Robert E. Nielsen, Senior Attorney, and David J. Ross, Attorney-Adviser, Office of the Chief Counsel for Import Administration, Department of Commerce, Washington, DC

Stephen J. Narkin, Skadden, Arps, Slate, Meagher & Flom LLP, Washington DC, and John A. Ragosta, Dewey Ballantine, Washington, DC, argued for defendants-appellees Bethlehem Steel Corporation, et al. With them on brief were Robert E. Lighthizer and John J. Mangan, Skadden, Arps, Slate, Meagher & Flom LLP; and Michael H. Stein, Guy C. Smith, and John R. Magnus, Dewey Ballantine. Of counsel were Michael R. Geroe and David S. da Silva Cornell, Dewey Ballantine; and D. Scott Nance, Skadden, Arps, Slate, Meagher & Flom LLP.

Kermit W. Almstedt, O'Melveny & Myers LLP, Washington, DC, for Altos Hornos de Mexico, S.A. de C.V. Of counsel was Michael A. Meyer. On brief was Jeffrey M. Winton, Shearman & Sterling, of Washington, DC.

Before MAYER, RADER, and SCHALL, Circuit Judges.


MAYER, Circuit Judge.

Altos Hornos de Mexico, S.A. de C.V. ("AHMSA"), British Steel plc ("BS plc"), and the United States appeal the judgment of the Court of International Trade, Consol. Court Nos. 93-09-00550, 93-09-00558, and 93-09-00570 (April 2, 1996), British Steel plc v. United States, 924 F.Supp. 139 (C.I.T.1996) ("British Steel II"), affirming the final determination of the United States Department of Commerce...

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