POSCO v. U.S.

Slip Op. 19-138 Consol. Court No. 17-00137.

415 F.Supp.3d 1233 (2019)

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: November 8, 2019.


Attorney(s) appearing for the Case

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

Christopher Weld , Alan H. Price , and Adam M. Teslik , Wiley Rein, LLP, of Washington, DC, for consolidated plaintiff and defendant-intervenor Nucor Corporation.

John Herrmann and Christopher Cloutier , Kelley Drye & Warren, LLP, of Washington, DC, for plaintiff-intervenor and defendant-intervenor ArcelorMittal USA LLC.

Roger B. Schagrin , Schagrin Associates, of Washington DC, for plaintiff-intervenor and defendant-intervenor SSAB Enterprises LLC.

Kelly A. Krystyniak , Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, DC, argued for defendant United States. With her on the brief were Joseph H. Hunt , Assistant Attorney General, Jeanne E. Davidson , Director, Tara K. Hogan , Assistant Director. Of counsel on the brief was Reza Karamloo , Senior Attorney, Office of the Chief Counsel Commercial Litigation Branch for Trade Enforcement and Compliance, U.S. Department of Commerce, of Washington, DC.


OPINION

The court returns to Plaintiff POSCO's challenge to the U.S. Department of Commerce's ("Commerce") final affirmative determination in the countervailing duty investigation of certain carbon and alloy cut-to-length ("CTL") plate from Korea. Certain Carbon and Alloy Steel Cut-To...

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