NIPPON STEEL CORPORATION, NKK Corporation, Kawasaki Steel Corporation, and Sumimoto Metal Industries, Ltd., Plaintiffs-Appellees,
v.
UNITED STATES, and
USS-POSCO Industries, Defendants-Appellants.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
July 26, 2000.
July 26, 2000.
Attorney(s) appearing for the Case
Theodore B. Olson, Gibson, Dunn & Crutcher, LLP, of Washington, DC, argued for plaintiffs-appellees. With him on the brief were Daniel J. Plaine, Douglas R. Cox, Miguel A. Estrada, John H. Sturc, and Lisa A. Murray. Of counsel on the brief were Matthew J. Clark, Howrey & Simon, of Washington, DC; Daniel L. Porter; and James P. Durling, Willkie, Farr & Gallagher, of Washington, DC; and Leonard M. Shambon, Wilmer, Cutler & Pickering, of Washington, DC.
Roger M. Golden, Fenwick & West, LLP, of Washington, DC, argued for defendant-appellant USS-POSCO Industries. With him on the brief were Phyllis E. Andes, and Patrick C. O'Brien.
Velta A. Melnbrencis, Assistant Director, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellant United States. On the brief were David W. Ogden, Acting Assistant Attorney General; David M. Cohen, Director; and Katherine A. Barski, Attorney. Of counsel on the brief were Stephen J. Powell, Chief Counsel; Elizabeth C. Seastrum, Senior Counsel; Thomas H. Fine, Senior Attorney; and Melanie A. Frank, Attorney, Office of the Chief Counsel for Import Administration, U.S. Department of Commerce, of Washington, DC.
Before LOURIE, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and LINN, Circuit Judge.
United States Court of Appeals, Federal Circuit.
FRIEDMAN, Senior Circuit Judge.
This government appeal challenges a preliminary injunction of the Court of International Trade prohibiting the Department of Commerce from continuing its administrative proceeding under 19 U.S.C. § 1677j(c) and 19 C.F.R. § 351.225(i) (1998) to determine whether certain imported steel had been "altered in form . . . in minor respects" and therefore still was covered by an antidumping duty order, even though the altered products...
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