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SUZANO S.A. v. UNITED STATES

Slip Op. 22-95 Court No. 21-00069.

589 F.Supp.3d 1225 (2022)

SUZANO S.A., Plaintiff, v. UNITED STATES, Defendant, and Domtar Corporation, Defendant-Intervenor.

United States Court of International Trade.

August 16, 2022.

Attorney(s) appearing for the Case

Craig A. Lewis , Hogan Lovells US LLP, of Washington, D.C., argued for Plaintiff Suzano S.A., Ltd. With him on the briefs was Nicholas W. Laneville .

Antonia R. Soares , Senior 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, Tara K. Hogan , Assistant Director. Of counsel on the brief was Kirrin Hough , Attorney, Office of the Chief Counsel for Trade Enforcement and Compliance, U.S. Department of Commerce, of Washington, D.C.

Daniel L. Schneiderman , King & Spalding, LLP, of Washington, D.C., argued for Defendant-Intervenor Domtar Corporation. With him on the brief were Stephen J. Orava .

OPINION AND ORDER

To what extent does 19 U.S.C. § 1677b(f)(1)(A) give the U.S. Department of Commerce ("Commerce") license to rely upon (or not) the records of a producer or exporter where those records comply with one but not both of the statutory requirements for costs calculation? Does reliance...

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