NUCOR CORPORATION, Plaintiff-Appellant, and
United States Steel Corporation, Plaintiff-Appellant, and
Bethlehem Steel Corporation, National Steel Corporation, Steel Dynamics, Inc., Weirton Steel Corporation, and Independent Steelworkers Union, Plaintiffs,
v.
UNITED STATES, Defendant-Appellee, and
AB Sandvik Steel (now known as AB Sandvik Materials Technology) and Sandvik Steel Company (now known as Sandvik Materials Technolgy), and Aceralia Corporacion Siderurgica, S.A., Arcelor International America Inc., Arcelor Packaging International, Sidmar, N.V., Sollac Atlantique, Sollac Lorraine, and Tradearbed, Inc., and BHP Steel Americas, Ltd. (now BlueScope Steel Americas LLC), BHP Steel LLC. (now BlueScope Steel Limited), New Zealand Steel, Ltd., and Iscor (PTY.) Ltd., and Corus Staal BV and Corus Steel USA Inc., and Dongbusteel Co., Ltd. and Posco, and Nippon Steel Corporation, Nisshin Steel Co., Ltd., Kobe Steel Ltd., JFE Steel Corp. (formerly known as Kawasaki Steel Corp. and NKK Corporation), Thai Cold Rolled Steel Sheet Public Co., Ltd., and Sumitomo Metal Industries, Ltd., and Siderurgica Del Orinoco, C.A. and Siderar S.A.I.C., and Thyssen Krupp Stahl AG and Salzgitter AG, Defendants-Appellees, and
Companhia Siderurgica Nacional, Companhia Siderurgica Paulista, Usinas Siderurgica De Minas Gerias, S.A., and Hyundai Hysco Co., Ltd., and Association of German Specialty Cold Rolled Steel Strip Producers, and Borcelik Celik Sanayii VE Ticaret A.S., Defendants.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
July 7, 2005.
July 7, 2005.
Attorney(s) appearing for the Case
Charles Owen Verill, Jr., Wiley Rein & Fielding LLP, of Washington, DC, argued for plaintiff-appellant, Nucor Corporation. With him on the brief were Alan H. Price and Timothy C. Brightbill.
Stephen P. Vaughn, Skadden, Arps, Slate, Meagher & Flom LLP, of Washington, DC, argued for plaintiff-appellant, United States Steel Corporation. With him on the brief were Robert E. Lighthizer, John J. Mangan and James C. Hecht.
Charles A. St. Charles, Attorney, Office of the General Counsel, United States International Trade Commission, of Washington, DC, argued for defendant-appellee, United States. With him on the brief were James M. Lyons, Acting General Counsel, and Rhonda M. Hughes, Acting Assistant General Counsel for Litigation. Of counsel was Marc A. Bernstein, Attorney.
Robert S. LaRussa, Shearman & Sterling LLP, of Washington, DC, for defendants-appellees, Aceralia Corporation Siderurgica, S.A., et al. With him on the brief was Christopher M. Ryan. Of counsel were Quentin M. Baird and Julie C. Mendoza, Kaye Scholer LLP, of Washington, DC.
Lynn M. Fischer Fox, Wilmer Cutler Pickering Hale and Dorr LLP, of Washington, DC, for defendants-appellees, BHP Steel Americas, Ltd. (now BlueScope Steel Americas LLC), et al. With her on the brief were John D. Greenwald, Robert C. Cassidy, Jr., Gary N. Horlick and Leonard M. Shambon. Of counsel was Kristin H. Mowry.
Eric C. Emerson, Steptoe & Johnson LLP, of Washington, DC, for defendants-appellees, Corus Staal BV, et al. With him on the brief were Richard O. Cunningham and Tina Potuto Kimble.
Donald B. Cameron, Kaye Scholer LLP, of Washington, DC, for defendants-appellees, Dongbu Steel Co., Ltd., et al. With him on the brief were Juile C. Mendoza, R. Will Planert and Margaret S. Rudin.
Kenneth J. Pierce, Willkie Farr & Gallagher LLP, of Washington, DC, for defendants-appellees, Nippon Steel Corporation, et al. With him on the brief were William H. Barringer and Robert E. DeFrancesco. Of counsel were Christopher Dunn, James P. Durling, Daniel L. Porter, Matthew R. Nicely and Carrie L. Owens.
David P. Houlihan, White & Case LLP, of Washington, DC, for defendants-appellees, Siderurgica Del Orinoco, C.A., et al. With him on the brief were Gregory J. Spak and Richard J. Burke. Of counsel was Frank H. Morgan.
Gail T. Cumins, Sharretts Paley Carter and Blauvelt, P.C., of New York, New York, for defendants-appellees, Thyssen Krupp Stahl AG, et al.
Before RADER, BRYSON, and GAJARSA, Circuit Judges.
United States Court of Appeals, Federal Circuit.
BRYSON, Circuit Judge.
The appellants, United States Steel Corporation and Nucor Corporation, are domestic steel producers. Along with other domestic producers, they petitioned the International Trade Commission to investigate imports of cold-rolled steel products to determine if those imports were causing material injury to the domestic steel industry. See 19 U.S.C. §§ 1671d(b)(1), 1673d(b)(1). Upon completion of its investigations, the Commission...
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