BETHLEHEM STEEL CORP. v. U.S

SLIP OP. 04-13, Court No. 99-08-00525.

316 F.Supp.2d 1309 (2004)

BETHLEHEM STEEL CORPORATION, U.S. Steel Group, A Unit of USX Corporation, Ispat Inland Inc., LTV Steel Company, Inc. and National Steel Corporation, Plaintiffs, v. UNITED STATES, Defendant, and Usinas SiderUrgicas de Minas Gerais S/A, Companhia Siderurgica Paulista and Companhia Siderurgica Nacional, Defendant-Intervenors.

United States Court of International Trade.

February 17, 2004.


Attorney(s) appearing for the Case

Skadden, Arps, Slate, Meagher & Flom LLP, Washington, DC (Robert E. Lighthizer, John J. Mangan, and Jeffrey D. Gerrish) and Dewey Ballantine LLP (Alan Wm. Wolff and Michael H. Stein), for Plaintiffs.

Peter D. Keisler, Assistant Attorney General; David M. Cohen, Director, Commercial Litigation Branch, Civil Division, U.S. Department of Justice (Lucius B. Lau); Linda S. Chang, Senior Attorney, Office of the Chief Counsel for Import Administration, U.S. Department of Commerce, for Defendant, of counsel.

Willkie Farr & Gallagher, Washington, DC (Christopher A. Dunn, Matthew R. Nicely, and Robert E. DeFrancesco), for Defendant-Intervenors.


OPINION

RIDGWAY, Judge.

In the immortal words of Yogi Berra, "It's deja vu all over again."1

Bethlehem II — the first opinion in this action — remanded to the U.S. Department of Commerce ("Commerce") the July 1999 agreement between that agency and the Government of Brazil,2 which suspended at the eleventh hour the investigation...

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