SIDENOR INDUS. SL v. U.S.

Slip Op. 09-127. Court No. 07-00307.

664 F.Supp.2d 1349 (2009)

SIDENOR INDUSTRIAL SL, Plaintiff, v. UNITED STATES, Defendant, and Carpenter Technology Corp., et al., Defendant-Intervenors.

United States Court of International Trade.

October 30, 2009.


Attorney(s) appearing for the Case

Riggle & Craven (David J. Craven and David A. Riggle), Washington, DC, for Plaintiff Sidenor Industrial SL.

Tony West, Assistant Attorney General; Jeanne E. Davidson, Director, Patricia M. McCarthy, Assistant Director, Commercial Litigation Branch, Civil Division, U.S. Department of Justice (L. Misha Preheim); and Deborah King, Office of Chief Counsel for Import Administration, U.S. Department of Commerce, of Counsel, for Defendant United States.

Kelley Drye & Warren LLP (Mary T. Staley and Grace W. Kim), Washington, DC, for Defendant-Intervenors Carpenter Technology Corporation, Electralloy Corporation, a Division of G.O. Carlson, Inc., and Valbruna Slater Stainless, Inc.


OPINION

WALLACH, Judge:

I

INTRODUCTION

This action arises out of the administrative review of an antidumping duty order conducted by the United States Department of Commerce ("Commerce"). Plaintiff Sidenor Industrial SL ("Sidenor") challenges Commerce's decision to apply adverse facts available ("AFA") to calculate Sidenor's dumping margin. Alternatively, Sidenor challenges the AFA dumping margin selected by Commerce. In addition...

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