UTTAM GALVA STEELS LTD. v. U.S.

Slip Op. 19-34 Court No. 16-00162.

374 F.Supp.3d 1360 (2019)

UTTAM GALVA STEELS LIMITED, Plaintiff, v. UNITED STATES, Defendant, and ArcelorMittal USA LLC, AK Steel Corporation, Steel Dynamics, Inc., California Steel Industries, Inc., United States Steel Corporation, and Nucor Corporation, Defendant-Intervenors.

United States Court of International Trade.

March 12, 2019.


Attorney(s) appearing for the Case

Diana Dimitriuc-Quaia and John M. Gurley , Arent Fox LLP, of Washington, D.C., for Plaintiff Uttam Galva Steels Limited. Claudia D. Hartleben , Matthew M. Nolan , and Nancy A. Noonan also appeared.

Elizabeth A. Speck , Senior Trial Counsel, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, D.C., for Defendant United States. With her on the brief were Joseph H. Hunt , Assistant Attorney General, Jeanne E. Davidson , Director, and Claudia Burke , Assistant Director. Of counsel on the brief was Natan P.L. Tubman , Attorney, Office of the Chief Counsel for Trade Enforcement and Compliance, U.S. Department of Commerce, of Washington, D.C.

Paul W. Jameson and Roger B. Schagrin , Schagrin Associates, of Washington, D.C., for Defendant-Intervenors Steel Dynamics, Inc. and California Steel Industries, Inc. Christopher T. Cloutier and Elizabeth J. Drake also appeared.

R. Alan Luberda and Melissa M. Brewer , Kelley Drye & Warren, LLP, of Washington, D.C., for Defendant-Intervenor ArcelorMittal USA LLC. David C. Smith, Jr., Kathleen W. Cannon, and Paul C. Rosenthal also appeared.

Stephen A. Jones and Daniel L. Schneiderman , King & Spalding, LLP, of Washington, D.C., for Defendant-Intervenor AK Steel Corporation.

Timothy C. Brightbill and Maureen E. Thorson , Wiley Rein, LLP, of Washington, D.C., for Defendant-Intervenor Nucor Corporation. Tessa V. Capeloto, Alan H. Price, Adam M. Teslik, Christopher B. Weld, Cynthia C. Galvez, Derick G. Holt, Laura El-Sabaawi, Stephanie M. Bell, and Usha Neelakantan also appeared.

Thomas M. Beline and Sarah E. Shulman , Cassidy Levy Kent (USA) LLP, of Washington, D.C., for Defendant-Intervenor United States Steel Corporation.


OPINION AND ORDER

This case concerns Commerce's methodology when calculating a respondent's duty drawback adjustment. Plaintiff Uttam Galva Steels Limited ("Plaintiff" or "Uttam Galva") initiated this action challenging the final determination in an antidumping duty investigation, in which the U.S. Department of Commerce...

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