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GLOBE METALLURGICAL, INC. v. U.S.

Slip Op. 04-123, Court No. 03-00202.

350 F.Supp.2d 1148 (2004)

GLOBE METALLURGICAL, INC. and Simcala, Inc., Plaintiffs, v. UNITED STATES, Defendant, and Bratsk Aluminium Smelter and Rual Trade Limited, Defendant-Intervenors.

United States Court of International Trade.

September 24, 2004.

Attorney(s) appearing for the Case

Piper Rudnick LLP, (William D. Kramer and Clifford E. Stevens, Jr.), Washington, DC, for Globe Metallurgical, Inc. and Simcala, Inc., plaintiffs.

Peter D. Keisler, Assistant Attorney General; David M. Cohen, Director; Jeanne E. Davidson, Deputy Director; Commercial Litigation Branch, Civil Division, United States Department of Justice (Michael Panzera); Jonathan J. Engler, Office of the Chief Counsel for Import Administration, United States Department of Commerce, for the United States, defendant, of counsel.

Shearman & Sterling LLP, (Jeffrey M. Winton and Sam J. Yoon and Quentin M. Baird), Washington, DC, for Bratsk Aluminium Smelter and Rual Trade Limited, defendant-intervenors.

OPINION

TSOUCALAS, Senior Judge.

This consolidated action concerns the claims raised by plaintiffs, Globe Metallurgical, Inc. and SIMCALA, Inc. (collectively, "Plaintiffs"), and defendant-intervenors, Bratsk Aluminium Smelter and Rual Trade Limited (collectively, "Defendant-Intervenors"), who move pursuant to USCIT R. 56.2 for judgment upon the agency record challenging the Department of Commerce, International Trade Administration's ("Commerce") final determination...

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