FERROSTAAL METALS GMBH v. UNITED STATES

Slip Op. 21-54 Court No. 20-00018.

518 F.Supp.3d 1357 (2021)

FERROSTAAL METALS GMBH and Vnsteel-Phu My Flat Steel Co., Ltd., Plaintiffs, v. UNITED STATES, Defendant, and Nucor Corporation, United States Steel Corporation, Arcelor Mittal USA LLC, Steel Dynamics, Inc., California Steel Industries, Defendant-Intervenors.

United States Court of International Trade.

May 4, 2021.


Attorney(s) appearing for the Case

Donald B. Cameron , Morris, Manning and Martin LLP, of Washington, DC, argued for plaintiffs. With him on the brief were Julie C. Mendoza , R. Will Planert , Brady W. Mills , Mary S. Hodgins , William H. Barringer , Eugene Degnan , Sabahat Chaudhary , Edward J. Thomas III and Jordan L. Fleischer .

Patricia M. McCarthy , Assistant Director, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, DC, argued for defendant. With her on the brief were Ethan P. Davis , Acting Assistant Attorney General, Jeanne E. Davidson , Director, and Elizabeth Speck , Senior Trial Counsel. Of counsel on the brief was Brendan Saslow , Office of the Chief Counsel for Trade Enforcement and Compliance, U.S. Department of Commerce, of Washington, DC.

Theodore P. Brackemyre , Wiley Rein LLP, of Washington, DC, argued for defendant-intervenor Nucor Corporation. On the brief were Alan H. Price , Christopher B. Weld , and Tessa V. Capeloto , Wiley Rein LLP, of Washington, DC; Thomas M. Beline , Jeffrey B. Denning , Sarah E. Schulman , and Chase J. Dunn , Cassidy Levy Kent (USA) LLP, of Washington, DC, for defendant-intervenor United States Steel Corporation; Paul C. Rosenthal , R. Alan Luberda and Joshua Morey , Kelley Drye and Warren LLP, of Washington, DC, for defendant-intervenor Arcelor Mittal USA LLC; and Roger B. Schagrin and Christopher Cloutier , Schagrin Associates, of Washington, DC, for defendant-intervenor Steel Dynamics, Inc.


OPINION

This action involves the final affirmative determination of circumvention by the U.S. Department of Commerce ("Commerce") of the antidumping duty and countervailing duty orders (collectively, "CRS Orders") covering certain cold-rolled steel flat products ("CRS") from the Republic of Korea ("Korea...

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