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POSCO v. UNITED STATES

Slip Op. 22-3 Consol. Court No. 17-00137.

556 F.Supp.3d 1364 (2022)

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.

January 13, 2022.

Attorney(s) appearing for the Case

Brady W. Mills , Ragan W. Updegraff , Donald B. Cameron , Julie C. Mendoza , R. Will Planert , Mary S. Hodgins , Eugene Degnan , and Sarah S. Sprinkle , Morris, Manning & Martin LLP, of Washington, D.C., for Plaintiff and Defendant-Intervenor POSCO.

Adam H. Price , Christopher Weld and Adam M. Teslik , Wiley Rein, LLP, of Washington, D.C., for Consolidated Plaintiff and Defendant-Intervenor Nucor Corporation.

Kelly A. Krystyniak , Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, D.C., for Defendant United States. With her on the brief were Brian M. Boynton , Acting Assistant Attorney General, Jeanne E. Davidson , Director, and Tara K. Hogan , Assistant Director. Of counsel on the brief was Rezza Karamloo , Attorney, Office of the Chief Counsel for Trade Enforcement and Compliance, U.S. Department of Commerce, of Washington, D.C.

OPINION

The court returns to a challenge to the U.S. Department of Commerce's ("Commerce") determination that Korean producers of certain carbon and alloy steel cut-to-length plate ("CTL plate") did not receive a countervailable benefit through the provision of electricity for less than adequate...

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