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THYSSENKRUPP ACCIAI SPECIALI TERNI v. U.S.

Slip Op. 08-72. Court No. 07-00390.

572 F.Supp.2d 1323 (2008)

THYSSENKRUPP ACCIAI SPECIALI TERNI S.P.A. and Thyssenkrupp AST USA, Inc., Plaintiffs, v. UNITED STATES, Carlos M.Gutierrez, United States Department of Commerce, Ambassador Susan C. Schwab, and Office of the United States Trade Representative, Defendants, and AK Steel Corporation, and Allegheny Ludlum Corporation, Defendant-Intervenors.

United States Court of International Trade.

July 1, 2008.

Attorney(s) appearing for the Case

Hogan & Hartson, LLP, Washington, DC (Lewis E. Leibowitz, Craig A. Lewis, Harold D. Kaplan, Jonathan T. Stoel, Theodore C. Weymouth) for Plaintiffs ThyssenKrupp Acciai Speciali Terni S.p.A and ThyssenKrupp AST USA, Inc.

Gregory G. Katsas, Acting Assistant Attorney General, Jeanne E. Davidson, Director, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, Patricia M. McCarthy, Assistant Director, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, (Claudia Burke), for Defendants United States, Carlos M. Gutierrez, United States Department of Commerce, Ambassador Susan C. Schwab, and the Office of the United States Trade Representative. Office of Chief Counsel for Import Administration, U.S. Department of Commerce (Natasha Camille Robinson) for Defendant United States Department of Commerce.

Kelley Drye & Warren, LLP (Mary Tuck Staley, Daniel Philip Lessard, David Alan Hartquist) for Defendant-Intervenors AK Steel Corporation and Allegheny Ludlum Corporation.

Before: Richard W. Goldberg, Senior Judge.

OPINION

GOLDBERG, Senior Judge.

This matter is before the Court on the defendants' partial motion to dismiss two counts of a four-count complaint for lack of subject matter jurisdiction pursuant to USCIT Rule 12(b)(1) and for failure to state a claim upon which relief can be granted pursuant to USCIT Rule 12(b)(5). For the following reasons, the defendants' partial motion to dismiss is denied.

I. BACKGROUND

Plaintiff...

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