ALLEGHENY LUDLUM CORP. v. U.S.

Nos. 03-1189, 03-1248.

367 F.3d 1339 (2004)

ALLEGHENY LUDLUM CORP., Armco, Inc. (now known as AK Steel), The United Steel Workers of America, AFL CIO/CLC, Butler Armco Independent Union, and Zanesville Armco Independent Organization, Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellant, v. Usinor, Ugine S.A., and Uginox Sales Corporation, Defendants-Appellees, and Usinor Stainless USA, Inc., Defendant.

United States Court of Appeals, Federal Circuit.

May 13, 2004.


Attorney(s) appearing for the Case

Kathleen W. Cannon, Collier Shannon Scott, PLLC, of Washington, DC, argued for plaintiffs-appellants. With her on the brief were David A. Hartquist and Eric R. McClafferty. Of counsel were John M. Herrmann and Lynn D. Maloney.

John McInerney, Chief Counsel for Import Administration, United States Department of Commerce, of Washington, DC, argued for defendant-appellant. With him on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, Jeanne E. Davidson, Deputy Director, and David D'Alessandris, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC. Of counsel on the brief were Robert Nielsen and Dean A. Pinkert, Senior Attorneys, Import Administration, United States Department of Commerce, of Washington, DC.

Stephen J. Marzen, Shearman & Sterling LLP, of Washington, DC, argued for defendants-appellees. On the brief were Thomas B. Wilner and Quentin M. Baird. Of counsel were Robert S. LaRussa, Jeffrey M. Winton and Christopher M. Ryan.

Before MICHEL, RADER, and SCHALL, Circuit Judges.


RADER, Circuit Judge.

After remand, the United States Court of International Trade affirmed the Department of Commerce's (Commerce's) countervailing duty rate on Usinor's products. Allegheny Ludlum Corp. v. United States, 246 F.Supp.2d 1304 (Ct. Int'l Trade 2002) (Allegheny II); Allegheny Ludlum Corp. v. United States, 182 F.Supp.2d 1357<...

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