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NORSK HYDRO CANADA, INC. v. U.S.

Nos. 06-1044, 06-1052.

472 F.3d 1347 (2006)

NORSK HYDRO CANADA, INC., Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant, and U.S. Magnesium LLC, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

December 14, 2006.

Attorney(s) appearing for the Case

Eric C. Emerson, Steptoe & Johnson LLP, of Washington, DC, argued for plaintiff-appellee. With him on the brief were Gregory S. McCue and Michael T. Gershberg. Of counsel was Meredith A. Rathbone.

Stephen C. Tosini, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant United States. With him on the brief were Peter D. Keisler, Assistant Attorney General; David M. Cohen, Director; and Jeanne E. Davidson, Deputy Director. Of counsel on the brief was Ada E. Bosque, Attorney, Office of Chief Counsel for Import Administration, United States Department of Commerce, of Washington, DC.

Jeffrey M. Telep, King & Spalding LLP, of Washington, DC, argued for defendant-appellant U.S. Magnesium LLC. With him on the brief was Stephen A. Jones. Of counsel was Joseph W. Dorn.

Before MICHEL, Chief Judge, PROST, Circuit Judge, and ELLIS, District Judge.

ELLIS, District Judge.

This appeal concerns the interpretation of the countervailing duty laws and the division of authority between the two entities responsible for implementing these laws—the Department of Commerce ("Commerce") and the U.S. Customs and Border Protection ("Customs"). In this case, Customs collected duties on 1997 magnesium and magnesium alloy imports at too high a rate from appellee Norsk Hydro Canada, Inc. ("NHC"). Rather than liquidate countervailing...

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