DOFASCO INC. v. U.S.

No. 04-1264.

390 F.3d 1370 (2004)

DOFASCO INC., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee, and United States Steel Corporation, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

December 7, 2004.


Attorney(s) appearing for the Case

Michael R. Shebelskie, Hunton & Williams LLP, of Richmond, Virginia, argued for plaintiff-appellant. With him on the brief were William H. Wright, Jr., of Richmond, Virginia; and William Silverman, Douglas J. Heffner, and Richard P. Ferrin, of Washington, DC.

David S. Silverbrand, Trial 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 were Peter D. Kiesler, Assistant Attorney General; David M. Cohen, Director; and Jeanne E. Davidson, Deputy Director. Of counsel on the brief was Jennifer D. Jones, International Attorney, Office of Chief Counsel for Import Administration, United States Department of Commerce, of Washington, DC.

Jeffrey D. Gerrish, Skadden, Arps, Slate, Meagher & Flom LLP, of Washington, DC, argued for defendant-appellee United States Steel Corporation. With him on the brief were John J. Mangan, Robert E. Lighthizer, and Daniel L. Schneiderman. Of counsel was James C. Hecht.

Before LOURIE, Circuit Judge, ARCHER, Senior Circuit Judge, and DYK, Circuit Judge.


DYK, Circuit Judge.

Plaintiff Dofasco Inc. ("Dofasco") appeals from the judgment of the United States Court of International Trade, which granted summary judgment in favor of the United States in this action seeking to enjoin the United States Department of Commerce ("Commerce" or the "Department") from conducting an antidumping administrative review. We affirm.

BACKGROUND

Dofasco is a Canadian steel exporter. On August 19, 1993, Commerce issued...

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