INLAND STEEL BAR CO. v. U.S.

Nos. 97-1257, 97-1334.

155 F.3d 1370 (1998)

INLAND STEEL BAR CO., Plaintiff-Appellant, v. The UNITED STATES, Defendant Cross-Appellant, v. UNITED ENGINEERING STEELS, LTD., (now British Steel Engineering Steels, Limited) Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

September 18, 1998.


Attorney(s) appearing for the Case

Charles Owen Verrill, Jr., Wiley, Rein & Fielding, Washington, DC, argued for plaintiff-appellant. With him on the brief was Willis S. Martyn, III. Of counsel were Alan H. Price and Peter S. Jordon.

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

Sheldon E. Hochberg, Steptoe & Johnson LLP, Washington, DC, argued for defendant-appellee. With him on the brief were Richard O. Cunningham and Peter Lichtenbaum.

Mark R. Joelson, Morgan, Lewis & Bockius LLP, Washington, DC, for amicus curiae The United Kingdom of Great Britain and Northern Ireland. With him on the brief was Gregory S. Menegaz.

Before MAYER, Chief Judge, SKELTON, Senior Circuit Judge, and PLAGER, Circuit Judge.


Opinion for the court filed by Chief Judge MAYER. Concurring in part and dissenting in part opinion filed by Circuit Judge PLAGER.

MAYER, Chief Judge.

Inland Steel Bar Co. ("Inland Steel") and the United States appeal the judgment of the Court of International Trade, Consol. Inland Steel Bar Co. v. United States, 960 F.Supp. 307 (CIT 1997) ("Inland Steel IV"), affirming the final determination of the United...

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