FULL MEMBER SUBGROUP OF AM. INST. v. UNITED STATES

Slip Op. 21-125 Court No. 20-00090.

547 F.Supp.3d 1211 (2021)

FULL MEMBER SUBGROUP OF the AMERICAN INSTITUTE OF STEEL CONSTRUCTION, LLC, Plaintiff, v. UNITED STATES, Defendant, and Cornerstone Building Brands, Inc. et al., Defendant-Intervenors.

United States Court of International Trade.

September 22, 2021.


Attorney(s) appearing for the Case

Adam M. Teslik and Christopher B. Weld , Wiley Rein LLP, of Washington, DC, argued for plaintiff Full Member Subgroup of the American Institute of Steel Construction, LLC. Also on the briefs were Alan H. Price , Stephanie M. Bell , and Enbar Toledano .

John D. Henderson , Attorney-Advisor, Office of the General Counsel, and Andrea C. Casson , Assistant General Counsel for Litigation, U.S. International Trade Commission, of Washington, DC, argued for defendant United States. Also on the brief were Dominic L. Bianchi , General Counsel, and Karl S. von Schriltz , Attorney.

Ned H. Marshak , Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt, LLP, of New York, NY, argued for defendant-intervenors Jinhuan Construction Group Co., Ltd., Wison (Nantong) Heavy Industry Co., Ltd., Shanghai Matsuo Steel Structure Co., Ltd., Yanda (Haimen) Heavy Equipment Manufacturing Co., Ltd., Shanghai Cosco Kawasaki Heavy Industries Steel Structure Co., Ltd., Modern Heavy Industries (Taicang) Co., Ltd., Dickerson Enterprises, Inc., and Steel Construction Group, LLC. Also on the brief were Max F. Schutzman , Jordan C. Kahn , and Eve Q. Wang .

Matthew R. Nicely and Daniel M. Witkowski , Akin, Gump, Strauss, Hauer & Feld LLP, of Washington, DC, argued for defendant-intervenor Cornerstone Building Brands, Inc.

Christopher A. Dunn and Daniel L. Porter , Curtis, Mallet-Prevost, Colt & Mosle LLP, of Washington, DC, argued for defendant-intervenor BlueScope Buildings North America Inc.

Richard L.A. Weiner and Rajib Pal , Sidley Austin, LLP, of Washington, DC, for defendant-intervenors ExxonMobil Chemical Company, a Division of Exxon Mobil Corporation, and Gulf Coast Growth Ventures, LLC.


OPINION

Before the court is Plaintiff Full Member Subgroup of the American Institute of Steel Construction, LLC's ("AISC", "Petitioner", or "Plaintiff") Rule 56.2 motion for judgment on the agency record challenging various aspects of the U.S. International Trade Commission's (the "Commission") final...

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