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ILVA LAMIERE E TUBI S.R.L. v. U.S.

Slip Op. 03-97, Court No. 00-00127.

283 F.Supp.2d 1320 (2003)

ILVA Lamiere e TUBI S.r.l. and ILVA S.p.A., Plaintiffs, v. UNITED STATES, Defendant, and Bethlehem Steel Corporation and United States Steel Corporation, Defendant-Intervenors.

United States Court of International Trade.

July 29, 2003.

Attorney(s) appearing for the Case

Hunton & Williams (William Silverman and Richard P. Ferrin), Washington, DC, for plaintiffs ILVA Lamiere e Tubi S.r.l. and ILVA S.p.A.

Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, Michael S. Dufault, Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice; Office of the Chief Counsel for Import Administration, United States Department of Commerce (John F. Koeppen), for defendant United States, of counsel.

Dewey Ballantine LLP (John A. Ragosta, John R. Magnus, and Hui Yu), Washington, DC, for defendant-intervenors Bethlehem Steel Corporation and United States Steel Corporation.

Collier Shannon Scott, PLLC (Paul C. Rosenthal, Kathleen W. Cannon, Lynn D. Maloney, and Eric R. McClafferty), Washington, DC, for amici curiae Allegheny Ludlum Corporation, AK Steel Corporation, J & L Specialty Steel, Inc., Lukens, Inc., North American Stainless, Butler Armco Independent Union, Zanesville Armco Independent Union, and the United Steelworkers of America, AFL-CIO/CLC.

OPINION

GOLDBERG, Senior Judge.

At issue in this case is the method employed by the U.S. Department of Commerce (the "Department") to calculate subsidies in countervailing duty investigations of newly privatized companies. Plaintiffs ILVA Lamiere e Tubi S.p.A. ("ILT") and ILVA S.p.A. ("New ILVA") also challenge the Department's decision to impose countervailing duties on early retirement benefits provided...

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