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AM/NS CALVERT LLC v. UNITED STATES

Slip Op. 23-129 Court No. 21-00005, Court No. 21-00015, Court No. 21-00027.

654 F.Supp.3d 1324 (2023)

AM/NS CALVERT LLC, Plaintiff, v. UNITED STATES, Defendant. California Steel Industries, Inc., Plaintiff, v. United States, Defendant. Valbruna Slater Stainless, Inc., Plaintiff, v. United States, Defendant.

United States Court of International Trade.

September 6, 2023.

Attorney(s) appearing for the Case

Ann C. Motto , Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice of Washington, DC, for Defendant in all three matters. With her on the briefs were Brian M. Boynton , Acting Assistant Attorney General; Jeanne E. Davidson , Director; Tara K. Hogan , Assistant Director; Stephen C. Tosini , Senior Trial Counsel; and Kyle S. Beckrich , Trial Attorney. Of counsel on the papers for Defendant in all three matters was Kimberly Hsu , Office of Chief Counsel for Industry & Security, U.S. Department of Commerce of Washington, DC.

Paul C. Rosenthal , Kelley Drye & Warren LLP of Washington, DC, for Plaintiff AM/NS Calvert LLC in Court No. 21-00005. With him on the briefs were R. Alan Luberda , Joshua Morey , and Julia A. Kuelzow.

Sanford Litvack , Chaffetz Lindsey LLP of New York, NY, for Plaintiff California Steel Industries, Inc., in Court No. 21-00015. With him on the briefs were Andrew L. Poplinger , R. Matthew Burke , and Rebecca Meyer.

Craig A. Lewis , Hogan Lovells US LLP of Washington, DC, for Plaintiff Valbruna Slater Stainless, Inc., in Court No. 21-00027. With him on the briefs were H. Deen Kaplan , Maria A. Arboleda , Nicholas W. Laneville , and Molly B. Newell.

OPINION AND ORDER

Invoking this court's residual jurisdiction, three domestic importers bring Administrative Procedure Act challenges to the Department of Commerce's refusal to exclude certain steel products from national security tariffs and seek court-ordered refunds of duties that they paid. Defendant moves for voluntary...

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