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BRATSK ALUMINIUM SMELTER v. U.S.

No. 05-1213.

444 F.3d 1369 (2006)

BRATSK ALUMINIUM SMELTER, Rual Trade Limited, and General Electric Silicones LLC, Plaintiffs, and Sual Holding and Zao Kremny, Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee, and Globe Metallurgical Inc. and Simcala, Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

April 10, 2006.

Attorney(s) appearing for the Case

Frederick P. Waite, Vorys, Sater, Seymour and Pease LLP, of Washington, DC, argued for plaintiffs-appellants. With him on the brief was Kimberly R. Young.

June B. Brown, Attorney, Office of General Counsel, United States International Trade Commission, of Washington, DC, argued for defendant-appellee United States. On the brief were James M. Lyons, General Counsel, Andrea C. Casson, Acting Assistant General Counsel, and Irene H. Chen, Attorney.

William D. Kramer, DLA Piper Rudnick Gray Cary U.S. LLP, of Washington, DC, argued for defendants-appellees Globe Metallurgical Inc. and Simcala, Inc. With him on the brief was Clifford E. Stevens, Jr. Of counsel was Martin Schaefermeier.

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

Opinion for the court filed by Circuit Judge DYK. Dissenting opinion filed by Senior Circuit Judge ARCHER.

DYK, Circuit Judge.

SUAL Holding and ZAO Kremny (collectively "appellants") appeal from the judgment of the United States Court of International Trade affirming the International Trade Commission's ("Commission") determination that domestic industry was materially injured by reason of silicon metal imports from...

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