PROSPERITY TIEH ENTERPRISE CO. v. UNITED STATES

Slip Op. 23-95 Consolidated Court No. 16-00138.

648 F.Supp.3d 1336 (2023)

PROSPERITY TIEH ENTERPRISE CO., LTD. and Yieh Phui Enterprise Co., Ltd., Plaintiffs, v. UNITED STATES, Defendant, and California Steel Industries, Inc., Cleveland-Cliffs Steel Corp., Cleveland-Cliffs Steel LLC, Nucor Corp., Steel Dynamics, Inc., and United States Steel Corp., Defendant-Intervenors.

United States Court of International Trade.

Signed June 23, 2023.


Attorney(s) appearing for the Case

Donald B. Cameron , Morris, Manning & Martin LLP, of Washington, D.C., for plaintiff Prosperity Tieh Enterprise Co., Ltd. With him on the briefs were Julie C. Mendoza , R. Will Planert , Brady W. Mills , Eugene Degnan , Mary S. Hodgins , and Nicholas C. Duffey .

Kelly A. Slater , Appleton Luff Pte Ltd, of Washington D.C., for plaintiff Yieh Phui Enterprise Co., Ltd. With her on the brief were Jay Y. Nee and Edmund W. Sim .

Elizabeth A. Speck , Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, D.C., for defendant. With her on the briefs were Brian M. Boynton , Principal Deputy Assistant Attorney General, Patricia M. McCarthy , Director, and Claudia Burke , Assistant Director. Of counsel on the briefs was Leslie M. Lewis , Attorney, Office of the Chief Counsel for Trade Enforcement and Compliance, U.S. Department of Commerce.

Daniel L. Schneiderman and Stephen P. Vaughn , King & Spalding LLP, of Washington D.C., for defendant-intervenors Cleveland-Cliffs Steel Corp. and Cleveland-Cliffs Steel LLC.

Alan H. Price , Christopher B. Weld , and Timothy C. Brightbill , Wiley Rein LLP, of Washington, D.C., for defendant-intervenor Nucor Corp.

Roger B. Schagrin and Jeffrey D. Gerrish , Schagrin Associates, of Washington, D.C., for defendant-intervenors Steel Dynamics, Inc. and California Steel Industries, Inc.

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


OPINION

Plaintiffs Prosperity Tieh Enterprise Co., Ltd. ("Prosperity" or "PT") and Yieh Phui Enterprise Co., Ltd. ("Yieh Phui" or "YP") brought actions, now consolidated, to contest an affirmative "less-than-fair-value" determination issued by the International Trade Administration, U.S. Department of Commerce ("Commerce...

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