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VULCAN THREADED PRODUCTS INC. v. U.S.

Slip Op. 18-45 Court No. 16-00268.

311 F.Supp.3d 1357 (2018)

VULCAN THREADED PRODUCTS INC. Plaintiff, v. UNITED STATES Defendant and Jiaxing Brother Fastener Co. Ltd. IFI & Morgan Ltd. RMB Fasteners Ltd. and Zheijang New Oriental Fasteners Co. Ltd. Defendant-Intervenors.

United States Court of International Trade.

Dated: April 18, 2018.

Attorney(s) appearing for the Case

Elizabeth Drake Schagrin Associates of Washington DC argued for plaintiff. With her on the brief were Robert B. Schagrin and Christopher T. Cloutier.

L. Misha Preheim Assistant Director Commercial Litigation Branch Civil Division U.S. Department of Justice of Washington DC argued for defendant. With him on the brief were Chad A. Readier Acting Assistant Attorney General Jeanne E. Davidson Director and Patricia M. McCarthy Assistant Director and Elizabeth Anne Speck Senior Trial Counsel. Of counsel on the brief was Khalil N. Gharbieh Office of the Chief Counsel for Trade Enforcement & Compliance U.S. Department of Commerce of Washington DC.

Gregory S. Menegaz DeKieffer & Horgan PLLC of Washington DC argued for defendant-intervenors Jiaxing Brother Fastener Co. Ltd. IFI & Morgan Ltd. and RMB Fasteners Ltd. With him on the brief were J. Kevin Hogan and Alexandra H. Salzman.

Peter J. Koenig Squire Patton Boggs LLP of Washington DC for defendant-intervenor Zhejiang New Oriental Fasteners Co. Ltd.

OPINION

What are the limits of agency discretion when evaluating which information to use from an imperfect swirl of economic data? More specifically did the Department of Commerce ("Commerce") choose the "best available information" in this case to calculate what it effectively cost to produce steel...

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