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THYSSENKRUPP ACCIAI SPECIALI TERNI S.P.A. v. U.S.

No. 2009-1363.

603 F.3d 928 (2010)

THYSSENKRUPP ACCIAI SPECIALI TERNI S.P.A. and Thyssenkrupp AST USA, Inc., Plaintiffs-Appellants, v. UNITED STATES, Gary Locke, Secretary of Commerce, United States Department of Commerce, Ron Kirk, Ambassador and United States Trade Representative, and the Office of the United States Trade Representative, Defendants-Appellees, and AK Steel Corp., Defendant, and Allegheny Ludlum Corporation, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

April 23, 2010.

Attorney(s) appearing for the Case

Lorane F. Hebert, Hogan & Hartson LLP, of Washington, DC, argued for plaintiffs-appellants. With her on the brief were Lewis E. Leibowitz, T. Clark Weymouth, Craig A. Lewis, Jonathan T. Stoel, and Brian S. Janovitz.

Claudia Burke, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendants-appellees United States, et al. With her on the brief were Tony West, Assistant Attorney General, Jeanne E. Davidson, Director, and Patricia M. McCarthy, Assistant Director.

Mary T. Staley, Kelley Drye & Warren LLP, of Washington, DC, argued for defendant-appellee Allegheny Ludlum Corporation. With her on the brief were David A. Hartquist and Daniel P. Lessard.

Before LOURIE, GAJARSA, and MOORE, Circuit Judges.

LOURIE, Circuit Judge.

ThyssenKrupp Acciai Speciali Terni SpA and ThyssenKrupp AST USA, Inc. (collectively "ThyssenKrupp") appeal from the decision of the United States Court of International Trade holding that the Department of Commerce ("Commerce") reasonably interpreted section 129 of the Uruguay Round Agreement Act ("URAA") when it declined to correct an alleged clerical error in the original investigation that was not raised in the World Trade Organization dispute...

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