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NIPPON STEEL v. INTERNATIONAL TRADE COMM.

Nos. 03-1018, 03-1019.

345 F.3d 1379 (2003)

Nippon Steel Corporation, Nkk Corporation, Kawasaki Steel Corporation, and Toyo Kohan Co., Ltd., Plaintiffs-Appellees, v. International Trade, Commission, Defendant-Appellant, and Weirton Steel Corporation, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Decided October 3, 2003.

Attorney(s) appearing for the Case

Christopher A. Dunn, Willkie Farr & Gallagher, of Washington, DC, argued for plaintiffs-appellees. With him on the brief were James P. Durling, Daniel L. Porter, and Robert E. DeFrancesco, III.

James M. Lyons, Deputy General Counsel, Office of the General Counsel, U.S. International Trade Commission, of Washington, DC, argued for defendant-appellant International Trade Commission. With him on the brief were Lyn M. Schlitt, General Counsel; and Laurent M. deWinter, Attorney. Of counsel was Andrea C. Casson, Attorney.

Roger B. Schagrin, Schagrin Associates, of Washington, DC, argued for defendant-appellant Weirton Steel Corporation.

John J. Mangan, Skadden, Arps, Slate, Meagher & Flom LLP, of Washington, DC for amicus curiae Bethlehem Steel Corporation, et al. Of counsel were Stephen J. Narkin, Robert E. Lighthizer; Kevin M. Dempsey and Alan W. Wolff, Dewey Ballantine, of Washington, DC.

David I. Goldman, Associate General Counsel, United Steelworkers of America, of Pittsburgh, Pennsylvania, for amicus curiae United Steelworkers of America.

Before MAYER, Chief Judge, MICHEL and PROST, Circuit Judges.

MICHEL, Circuit Judge.

Weirton Steel Corporation and the United States International Trade Commission ("Commission") appeal from the decision of the United States Court of International Trade (1) vacating the renewed finding of material injury by the Commission following remand from the Court of International Trade and (2) directing a finding of no material injury to the domestic industry from less-than-fair-value imports by Nippon Steel Corporation and three other...

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