THYSSENKRUPP MATERIALS NA INC. v. UNITED STATES

Slip Op. 21-29 Court No. 20-00093.

498 F.Supp.3d 1372 (2021)

THYSSENKRUPP MATERIALS NA INC., Thyssenkrupp Materials NA Inc. — Copper & Brass Sales Division, Thyssenkrupp Materials NA Inc. — Materials Trading Division, Thyssenkrupp Materials NA Inc. — Ken-Mac Metals Division, Thyssenkrupp Presta Danville LLC, Plaintiffs, v. UNITED STATES, Joseph R. Biden, in His Official Capacity as President of the United States, Wynn Coggins, in Her Official Capacity as Acting Secretary of Commerce, United States Department of Commerce, Troy Miller, in His Official Capacity as Senior Official Performing the Duties of the Commissioner, United States Customs and Border Protection, Defendants.

United States Court of International Trade.

March 10, 2021.


Attorney(s) appearing for the Case

Lawrence M. Friedman , Barnes, Richardson & Colburn, LLP, of Chicago, IL, argued for Plaintiffs Thyssenkrupp Materials NA Inc., Thyssenkrupp Materials NA Inc. — Copper & Brass Sales Division, Thyssenkrupp Materials NA Inc. — Materials Trading Division, Thyssenkrupp Materials NA Inc. — Ken-Mac Metals Division and Thyssenkrupp Presta Danville LLC. With him on the brief were David G. Forgue , and Lois Elizabeth J. Wetzel .

Joshua E. Kurland , Trial Attorney, Civil Division, Commercial Litigation Branch, U.S. Department of Justice, of Washington D.C., argued for Defendants United States, Joseph R. Biden, in his official capacity as President of the United States, Wynn Coggins, in her official capacity as Acting Secretary of Commerce, United States Department of Commerce, Troy Miller, in his official capacity as Senior Official Performing the Duties of the Commissioner, United States Customs and Border Protection. With him on the briefs were Jeffrey Bossert Clark , Acting Assistant Attorney General, Ethan P. Davis , Former Acting Assistant Attorney General, Jeanne E. Davidson , Director, Tara K. Hogan , Assistant Director and Ann C. Motto , Trial Attorney.

Before: Claire R. Kelly, Gary S. Katzmann, and Jane A. Restani, Judges.


OPINION

The question before us is whether the process created in Interim Final Rule: Requirements for Submissions Requesting Exclusions From the Remedies Instituted in Presidential Proclamations Adjusting Imports of Steel Into the United States and Adjusting Imports of Aluminum Into the...

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