NEXTEEL CO., LTD. v. U.S.

Slip Op. 19-1 Consol. Court No. 17-00091.

355 F.Supp.3d 1336 (2019)

NEXTEEL CO., LTD., Plaintiff, Hyundai Steel Company, Husteel Co., Ltd., AJU Besteel Co., Ltd., Maverick Tube Corporation, and SeAH Steel Corporation, Consolidated Plaintiffs, and ILJIN Steel Corporation, Plaintiff-Intervenor, v. UNITED STATES, Defendant, and TMK IPSCO, Vallourec Star, L.P., Welded Tube USA Inc., and United States Steel Corporation, Defendant-Intervenors.

United States Court of International Trade.

Dated: January 2, 2019.


Attorney(s) appearing for the Case

Henry D. Almond and Michael T. Shor , Arnold & Porter Kaye Scholer LLP, of Washington, D.C., argued for Plaintiff NEXTEEL Co., Ltd. and Consolidated Plaintiff Hyundai Steel Company. With them on the brief were Jaehong D. Park , Daniel R. Wilson , Kang W. Lee , and Sylvia Y.C. Chen . Leslie C. Bailey also appeared.

Donald B. Cameron and Eugene Degnan , Morris, Manning & Martin, LLP, of Washington, D.C., argued for Consolidated Plaintiff Husteel Co., Ltd. With them on the brief were Brady W. Mills , Julie C. Mendoza , Mary S. Hodgins , and Rudi W. Planert .

Robert E. DeFrancesco, III and Joshua Turner , Wiley Rein, LLP, of Washington, D.C., argued for Consolidated Plaintiff and Defendant-Intervenor Maverick Tube Corporation. With them on the brief were Alan H. Price , Cynthia C. Galvez , Jeffrey O. Frank , John Lin , and Maureen E. Thorson .

Hardeep K. Josan , Attorney, U.S. Department of Justice, of New York, N.Y., argued for Defendant United States. Of counsel on the brief was Mykhaylo A. Gryzlov , U.S. Department of Commerce, Office of the Chief Counsel for Trade Enforcement and Compliance, of Washington, D.C.

Jeffrey M. Winton and Amrietha Nellan , Law Office of Jeffrey M. Winton PLLC, of Washington, D.C., argued for Consolidated Plaintiff SeAH Steel Corporation.

Jarrod M. Goldfeder and Robert G. Gosselink , Trade Pacific, PLLC, of Washington, D.C., appeared for Consolidated Plaintiff AJU Besteel Co., Ltd.

Joel D. Kaufman and Richard O. Cunningham , Steptoe & Johnson LLP, of Washington, D.C., appeared for Plaintiff Intervenor ILJIN Steel Corporation.

Roger B. Schagrin , Christopher T. Cloutier , Elizabeth J. Drake , John W. Bohn , and Paul W. Jameson , Schagrin Associates, of Washington, D.C., appeared for Defendant-Intervenor TMK IPSCO, Vallourec Star, L.P., and Welded Tube USA Inc.

Thomas M. Beline and Sarah E. Shulman , Cassidy Levy Kent (USA) LLP, of Washington, D.C., appeared for Defendant-Intervenor United States Steel Corporation. Formerly on the brief were Jeffrey D. Gerrish and Luke A. Meisner , Skadden Arps Slate Meagher & Flom, LLP, of Washington, D.C.

Before: Jennifer Choe-Groves, Judge


OPINION AND ORDER

This is a case of first impression, involving the first time that the U.S. Department of Commerce ("Department" or "Commerce") found the existence of a particular market situation in an administrative review under The Trade Preferences Extension Act of 2015 ("TPEA"). Plaintiff NEXTEEL Co., Ltd. ("NEXTEEL...

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