POSCO v. U.S.

Slip Op. 18-169 Consol. Court No. 17-00137.

353 F.Supp.3d 1357 (2018)

POSCO, Plaintiff, Nucor Corporation, Consolidated Plaintiff, ArcelorMittaL USA LLC and SSAB Enterprises LLC, Plaintiff-Intervenors, v. UNITED STATES, Defendant, and SSAB Enterprises LLC, Nucor Corporation, ArcelorMittal USA LLC and POSCO, Defendant-Intervenors.

United States Court of International Trade.

Dated: December 6, 2018.


Attorney(s) appearing for the Case

Brady W. Mills and Ragan W. Updegraff, Morris, Manning & Martin. LLP, of Washington, DC, argued for plaintiff and defendant-intervenor POSCO. With them on the brief were Donald B. Cameron, Julie C. Mendoza, R. Will Planert, Mary S. Hodgins, Eugene Degnan, and Sarah S. Sprinkle.

Christopher Weld and Adam M. Teslik, Wiley Rein, LLP, of Washington, DC, argued for consolidated plaintiff and defendant-intervenor Nucor Corporation. With them on the joint brief was Alan H. Price and John Herrmann, Kelley Drye & Warren, LLP, of Washington, DC, for plaintiffintervenor & defendant-intervenor ArcelorMittal USA LLC; Roger B. Schagrin and Christopher Cloutier, Schagrin Associates, of Washington DC, for plaintiff-intervenor and defendant-intervenor SSAB Enterprises LLC.

Stephen C. Tosini, Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, DC, argued for defendant United States. With him on the brief were Chad A. Readier, Acting Assistant Attorney General, Jeanne E. Davidson, Director, Tara K. Hogan, Assistant Director, and Vito S. Solitro, Attorney. Of counsel on the brief was Rezza Karamloo, Attorney, Office of the Chief Counsel for Trade Enforcement and Compliance, U.S. Department of Commerce, of Washington, DC.


OPINION

The issue of the provision of electricity and other benefits by foreign government entities to producers without adequate remuneration and the resulting lower price of imports has generated intense heat in the ongoing litigation under American laws designed to promote a level playing field...

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