MAGNOLA METALLURGY, INC. v. U.S.

No. 2007-1099.

508 F.3d 1349 (2007)

MAGNOLA METALLURGY, INC., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee, and US Magnesium LLC, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

November 20, 2007.


Attorney(s) appearing for the Case

Elliot J. Feldman, Baker & Hostetler LLP, of Washington, DC, argued for plaintiff-appellant. With him on the brief was John J. Burke.

John J. Todor, Attorney Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee, United States. On the brief were Peter D. Keisler, Acting Attorney General, Jeanne E. Davidson, Director, Patricia M. McCarthy, Assistant Director, and Stephen C. Tosini, Attorney. Of counsel on the brief was William J. Kovatch, Senior Attorney, Office of the 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-appelle, U.S. Magnesium LLC. With him on the brief was Stephen A. Jones. Of counsel was Joseph W. Dorn.

Before NEWMAN, RADER, and DYK, Circuit Judges.


DYK, Circuit Judge.

Appellant Magnola Metallurgy, Inc. ("Magnola"), appeals from a final decision of the Court of International Trade granting judgment to the United States on the agency record. Magnola Metallurgy, Inc. v. United States, 464 F.Supp.2d 1376 (Ct. Int'l Trade 2006). We conclude that (1) the Department of Commerce ("Commerce") was not required to make a new de novo finding of specificity in its 2003 Administrative...

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