ARCELORMITTAL USA LLC v. U.S.

Court No. 16-00173 Slip Op. 18-34.

302 F.Supp.3d 1366 (2018)

ARCELORMITTAL USA LLC, Plaintiff, and AK Steel Corporation, Nucor Corporation, and United States Steel Corporation, Plaintiff-Intervenors, v. UNITED STATES, Defendant, and Novolipetsk Steel Public Joint Stock Company, Defendant-Intervenor.

United States Court of International Trade

April 3, 2018.


Attorney(s) appearing for the Case

Paul Rosenthal and Melissa Brewer , Kelley Drye & Warren LLP, of Washington, DC, argued for plaintiff. With them on the brief were Kathleen W. Cannon , R. Alan Luberda , and John M. Herrmann .

Alan H. Price , Timothy C. Brightbill , and Christopher B. Weld , Wiley Rein LLP, of Washington, DC, for plaintiff-intervenor, Nucor Corporation.

Thomas M. Beline and Sarah E. Schulman , Cassidy Levy Kent LLP, of Washington, DC, for plaintiff-intervenor, United States Steel Corporation. On the brief were Jeffrey D. Gerrish and Luke A. Meisner , Skadden, Arps, Slate, Meagher & Flom LLP, of Washington, DC.

Daniel L. Schneiderman and Stephen A. Jones , King & Spalding LLP, of Washington, DC, for plaintiff-intervenor, AK Steel Corporation.

Patricia M. McCarthy , Assistant Director, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, DC, argued for defendant. With her on the brief were Chad A. Readier , Acting Assistant Attorney General, Jeanne E. Davidson , Director, and Renee A. Burbank , Senior Trial Counsel. Of counsel on the brief was Lydia C. Pardini , Office of the Chief Counsel for Trade Enforcement & Compliance, U.S. Department of Commerce, of Washington, DC.

Valerie Ellis , Curtis, Mallet-Prevost, Colt & Mosle LLP, of Washington, DC, argued for defendant-intervenor Novolipetsk Steel Public Joint Stock Company. With her on the brief was William H. Barringer .


OPINION

This case presents the confluence of agency determinations, principles of the law of contracts, and the interpretation of statute as applied to domestic and foreign generally accepted accounting principles. The following questions are posed: in an investigation into whether a foreign exporter...

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