CORUS STAAL BV v. DEPARTMENT OF COMMERCE

No. 04-1107.

395 F.3d 1343 (2005)

CORUS STAAL BV and Corus Steel USA Inc., Plaintiffs-Appellants, v. DEPARTMENT OF COMMERCE, Defendant-Appellee, and United States Steel Corporation, Defendant-Appellee, and National Steel Corporation, Bethlehem Steel Corporation, Steel Dynamics, Inc., Ipsco Steel Inc., Gallatin Steel Company, and Nucor Corporation, Defendants.

United States Court of Appeals, Federal Circuit.

January 21, 2005.


Attorney(s) appearing for the Case

Richard O. Cunningham, Steptoe & Johnson LLP, of Washington, DC, argued for plaintiffs-appellants. With him on the brief were Joel D. Kaufman, Alice A. Kipel, Gregory S. McCue and Evangeline D. Keenan.

David M. Cohen, Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee, Department of Commerce. With him on the brief were Peter D. Keisler, Assistant Attorney General; Jeanne E. Davidson, Deputy Director, and Paul D. Kovac, Trial Attorney. Of counsel on the brief were John D. Mclnerney, Chief Counsel, Mark A. Barnett, Senior Counsel, Elizabeth C. Seastrum, Senior Counsel, Ann Talbot, Senior Attorney, and Barbara J. Tsai, Attorney-Advisor, Office of Chief Counsel for Import Administration, United States Department of Commerce, of Washington, DC. Of counsel were Claudia Burke and William J. Kovatch, Jr., Attorneys.

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

Before MAYER, Circuit Judge, PLAGER, Senior Circuit Judge, and PROST, Circuit Judge.


MAYER, Circuit Judge.

Corus Staal BV and Corus Steel USA Inc. (collectively "Corus") appeal the judgment of the Court of International Trade, Corus Staal BV v. Dep't of Commerce, 283 F.Supp.2d 1357 (Ct. Int'l Trade 2003), affirming the Department of Commerce's ("Commerce's") zeroing methodology to calculate the weighted-average dumping margin for imports of Corus' hot-rolled carbon steel flat products ("hot-rolled steel...

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