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NORSK HYDRO CANADA INC. v. U.S.

SLIP OP. 04-129, Court No. 03-00828.

350 F.Supp.2d 1172 (2004)

NORSK HYDRO CANADA INC., Plaintiff, v. UNITED STATES, Defendant, and U.S. Magnesium, LLC, Defendant-Intervenor.

United States Court of International Trade.

October 12, 2004.

Attorney(s) appearing for the Case

Steptoe & Johnson LLC, Washington, DC (Eric C. Emerson, Gregory S. McCue, Meredith A. Rathbone) for Plaintiff Norsk Hydro Canada Inc.

Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, Jeanne E. Davidson, Deputy Director, Stephen C. Tosini, Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, Jonathan J. Engler, Attorney-Advisor, Office of Chief Counsel for Import Administration, U.S. Department of Commerce, for Defendant, of counsel.

King & Spalding, LLP, Washington, DC (Stephen A. Jones, Joseph W. Dorn, Jeffrey M. Telep) for Defendant-Intervenor U.S. Magnesium, LLC.

OPINION

POGUE, Judge.

This is a dispute over the calculation and collection of countervailing duties on pure and alloy magnesium that Plaintiff imported into the United States. The Defendant United States Department of Commerce ("Commerce") declined, during an administrative review of Plaintiff's entries of pure and alloy magnesium, to recognize Plaintiff's overpayment of countervailing duties. Plaintiff brings this action under 19 U.S.C. § 1581(c)...

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