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BELGIUM v. U.S.

No. 05-1550.

452 F.3d 1289 (2006)

Ugine and Alz BELGIUM, Arcelor Stainless USA, LLC, and Arcelor Trading USA, LLC, Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee, and Allegheny Ludlum, AK Steel Corp., Butler Armco Independent Union, United Steelworkers of America, AFL-CIO/CLC, and Zanesville Armco Independent Organization, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

June 15, 2006.

Attorney(s) appearing for the Case

Wendy E. Ackerman, Shearman & Sterling LLP, of Washington, DC, argued for plaintiffs-appellants. With her on the brief were Stephen J. Marzen, Robert S. LaRussa, Jonathan R. DeFosse, and Ryan A.T. Trapani.

Michael D. Panzera, 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. Keisler, Assistant Attorney General; David M. Cohen, Director; and Patricia M. McCarthy, Assistant Director. Of counsel on the brief were Ada L. Loo and Arthur Sidney, Attorneys International, Office of Chief Counsel for Import Administration, United States Department of Commerce, of Washington, DC; and Christopher Chen, Attorney, United States Customs and Border Protection, of Washington, DC.

Adam H. Gordon, Collier Shannon Scott, PLLC, of Washington, DC, argued for defendants-appellees Allegheny Ludlum, et al. With him on the brief were R Alan Luberda and David A. Hartquist.

Charles H. Bayar, of Scarsdale, New York, for amicus curiae.

Before LOURIE, BRYSON, and GAJARSA, Circuit Judges.

BRYSON, Circuit Judge.

The three appellants, referred to collectively as "Arcelor," appeal from a decision of the Court of International Trade denying a request for a preliminary injunction to prevent U.S. Customs and Border Protection ("Customs") from liquidating certain entries pursuant to liquidation instructions issued by the U.S. Department of Commerce ("Commerce"). Because we conclude that the trial court erred in its analysis of the issue of irreparable harm...

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