POSCO v. UNITED STATES

Slip Op. 22-65 Consol. Court No. 16-00227.

581 F.Supp.3d 1272 (2022)

POSCO, Plaintiff, and Nucor Corporation, Consolidated Plaintiff, v. UNITED STATES, Defendant, and Steel Dynamics, Inc., AK Steel Corporation, ArcelorMittal USA LLC, Nucor Corporation, United States Steel Corporation, POSCO, Hyundai Steel Company, and Government of Korea, Defendant-Intervenors.

United States Court of International Trade.

June 13, 2022.


Attorney(s) appearing for the Case

Donald B. Cameron , Julie C. Mendoza , R. Will Planert , Brady W. Mills , Mary S. Hodgins , and Eugene Degnan , Morris, Manning & Martin LLP, of Washington, D.C., for Plaintiff and Defendant-Intervenor POSCO and Defendant-Intervenors Hyundai Steel Company and the Government of Korea.

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

Patricia M. McCarthy , Assistant Director, 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, and Jeanne E. Davidson , Director. Of counsel was Hendricks Valenzuela , Attorney, Office of the Chief Counsel for Trade Enforcement & Compliance, U.S. Department of Commerce.

Kathleen W. Cannon and R. Alan Luberda , Kelley Drye & Warren LLP, of Washington, D.C., for Defendant-Intervenor ArcelorMittal USA LLC.

Stephen A. Jones and Daniel L. Schneiderman , King & Spalding LLP, of Washington, D.C., for Defendant-Intervenor AK Steel Corporation.

Thomas M. Beline and Sarah E. Shulman , Cassidy Levy Kent (USA) LLP, of Washington, D.C., for Defendant-Intervenor United States Steel Corporation.


OPINION

Plaintiff POSCO ("POSCO") and Consolidated Plaintiff Nucor Corporation ("Nucor") initiated this action contesting various aspects of the final determination in a countervailing duty investigation, in which the U.S. Department of Commerce ("Commerce") determined that countervailable subsidies...

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