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ELKEM METALS CO. v. U.S.

Nos. 06-1043, 06-1092, 06-1141.

468 F.3d 795 (2006)

ELKEM METALS COMPANY and Globe Metallurgical, Inc., Plaintiffs-Appellants, v. UNITED STATES, Defendant-Cross Appellant, and Rima Industrial S/A, Defendant-Cross Appellant.

United States Court of Appeals, Federal Circuit.

October 27, 2006.

Attorney(s) appearing for the Case

Clifford E. Stevens, Jr., DLA Piper Rudnick Gray Cary U.S. LLP, of Washington, DC, argued for plaintiffs-appellants. With him on the brief were William D. Kramer and Martin Schaefermeier.

Reginald T. Blades, Jr., Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-cross appellant United States. With him on the brief were Peter D. Keisler, Assistant Attorney General, and David M. Cohen, Director. Of counsel on the brief was Quentin M. Baird, 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. Office of Chief Counsel for Import Administration, United States Department of Commerce, of Washington, DC.

Rosa S. Jeong, Greenberg Traurig, LLP, of Washington, DC, argued for defendant-cross appellant Rima Industrial S/A. With her on the brief was Philippe M. Bruno.

Before NEWMAN, MAYER, and LINN, Circuit Judges.

LINN, Circuit Judge.

In this antidumping action, Elkem Metals Company and Globe Metallurgical, Inc. (collectively "Elkem") appeal the decision of the United States Court of International Trade ("Court of International Trade") sustaining a determination by the United States Department of Commerce ("Commerce"), in which Commerce recalculated, pursuant to a prior remand from the Court of International Trade, the constructed...

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