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GERALD METALS, INC. v. U.S.

No. 97-1077.

132 F.3d 716 (1997)

GERALD METALS, INC., Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee. and Magnesium Corporation of America, International Union of Operating Engineers, Local 564, and United Steelworkers of America, Local 8319, Defendant-Appellees.

United States Court of Appeals, Federal Circuit.

December 23, 1997.

Attorney(s) appearing for the Case

Joseph Brooks, Popham, Haik, Schnobrich & Kaufman, Ltd., of Washington, DC, argued for plaintiff-appellant. With him on the brief was Denise Cheung. Of counsel on the brief were Frederick P. Waite and Kimberly R. Young, Holland & Knight, of Washington, DC.

Andrea C. Casson, Attorney, United States International Trade Commission, of Washington, DC, argued for defendant-appellee United States. Also of counsel were Michael Deihl, Attorney, Office of General Counsel, U.S. International Trade Commission, of Washington, DC. With him on the brief were Lyn M. Schlitt, General Counsel and James A. Toupin, Deputy General Counsel.

William D. Kramer, Baker & Botts L.L.P., of Washington, DC, for defendants-appellees Magnesium Corporation of America, et al. On the brief were Charles M. Darling, IV, and Michael X. Marinelli.

Before MICHEL, CLEVENGER and RADER, Circuit Judges.

RADER, Circuit Judge.

The International Trade Commission (Commission) found that Russian, Ukrainian, and Chinese imports of pure magnesium at less than fair value (LTFV) injured the domestic industry. See Magnesium from China, Russia, and Ukraine, 60 Fed.Reg. 26,456-57 (Int'l Trade Comm'n 1995) (final). Gerald Metals, an importer, appealed the injury determination, with respect to the Ukrainian imports, to the United States Court of International Trade. The...

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