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GERALD METALS, INC. v. U.S. INT'L TRADE COM'N

Slip Op. 98-56. Court No. 95-06-00782.

8 F.Supp.2d 861 (1998)

GERALD METALS, INC., Plaintiff, v. UNITED STATES INT'L TRADE COMMISSION, Defendant, and Magnesium Corp. of America, Int'l Union of Operating Engineers, Local 564 and United States Steelworkers of America Local 8319, Defendant-Intervenors.

United States Court of International Trade.

April 28, 1998.

ORDER

POGUE, Judge.

The United States Court of Appeals for the Federal Circuit ("CAFC") has determined that "the statute [19 U.S.C. § 1677(7)] requires adequate evidence to show that the harm [to a domestic industry] occurred `by reason of' the LTFV [less than fair value] imports, not by reason of a minimal or tangential contribution to material harm caused by LTFV goods" and that "[g]iven the unique circumstances...

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