SAVE DOMESTIC OIL, INC. v. UNITED STATES

No. 03-1262.

357 F.3d 1278 (2004)

SAVE DOMESTIC OIL, INC., Plaintiff-Appellant, v. UNITED STATES, and API Ad Hoc Free Trade Committee, and Saudi Arabian Oil Company, and Petroleos De Venezuela, S.A. and Citgo Petroleum Corporation, and Petroleos Mexicanos, P.M.I. Comercio Internacional S.A. De C.V., and Pemex Exploracion y Produccion, and BP Amoco and BP America, Inc. (now known as BP Corporation North America Inc.), Defendants-Appellees, and Chevron Corporation and Texaco Inc. (now known as ChevronTexaco Corporation), Exxon Corporation and Mobil Corporation (now known as Exxon-Mobil Corporation), and Shell Oil Company, Defendants.

United States Court of Appeals, Federal Circuit.

DECIDED: January 30, 2004.


Attorney(s) appearing for the Case

Charles Owen Verrill, Jr., Wiley Rein & Fielding LLP, of Washington, DC, argued for plaintiff-appellant. With him on the brief was Timothy C. Brightbill. Of counsel was Daniel B. Pickard.

Michael D. Panzera, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee United States. With him on the brief was David M. Cohen, Director. Of counsel on the brief was Jonathan Engler, Attorney, Office of Chief Counsel for Import Administration, United States Department of Commerce, of Washington, DC. Of counsel were Berniece A. Browne and John D. McInerney, Attorneys, United States Department of Commerce, of Washington, DC.

Harry L. Clark, Dewey Ballantine LLP, of Washington, DC, argued for defendant-appellee API Ad Hoc Free Trade Committee. With him on the brief were John W. Bohn and David A. Yocis. Of counsel was Bradford L. Ward.

Carolyn B. Lamm, White & Case LLP, of Washington, DC, for defendant-appellee Saudi Arabian Oil Company. With her on the brief were Adams C. Lee, and Frank J. Schweitzer. Of counsel was Frank H. Morgan and Francis A. Vasquez, Jr.

Thomas B. Wilner, Shearman & Sterling LLP, of Washington, DC, for defendants-appellees Petroleos De Venezuela, S.A., et al. Company. With him on the brief were Perry S. Bechky and Christopher M. Ryan. Of counsel was Kristine Huskey.

Lynn Marie Fischer, Wilmer, Cutler & Pickering, of Washington, DC, for defendants-appellees Petroleos Mexicanos, et al. With her on the brief were Gary N. Horlick and Peggy A. Clarke. Of counsel was John P. Maloney, Jr.

Robert E. Burke, Barnes, Richardson & Colburn, of Chicago, Illinois, for defendant-appellee BP Corporation North America, Inc. With him on the brief were Brian F. Walsh, Diane A. MacDonald, and Jane E. Welsh.

Before RADER, BRYSON, and PROST, Circuit Judges.


PROST, Circuit Judge.

Save Domestic Oil, Inc. ("SDO") appeals from a decision of the United States Court of International Trade dismissing its case and upholding the United States Department of Commerce's ("Commerce's") refusal to initiate countervailing duty ("CVD") and antidumping duty ("AD") investigations into crude oil imports from Iraq, Mexico, Saudi Arabia, and Venezuela. Save Domestic Oil, Inc. v. United States, 240 F.Supp.2d 1342...

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