NUCOR CORP. v. U.S.

Nos. 2009-1234, 2009-1235.

601 F.3d 1291 (2010)

NUCOR CORP. and Steel Dynamics, Inc., Plaintiffs-Appellants, and Thyssenkrupp Steel AG, Thyssenkrupp Steel N.A., Inc., Salzgitter AG Stahl UND Technologie, and AK Steel Corp., Plaintiffs, and United States Steel Corp., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee, and JFE Steel Corporation, Kobe Steel Ltd., Nippon Steel Corporation, Nisshin Steel Co., Ltd., and Sumitomo Metal Industries, Ltd., Defendants-Appellees, and Bluescope Steel Americas LLC and Bluescope Steel Limited, Defendants, and Arcelormittal USA, Inc., Defendant, and Arcelormittal Dofasco, Inc., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

April 7, 2010.


Attorney(s) appearing for the Case

Daniel B. Pickard, Wiley Rein LLP, of Washington, DC, argued for plaintiffs-appellants Nucor Corporation and Steel Dynamics, Inc. With him on the brief were Alan H. Price, and Robert E. DeFrancesco, III.

Stephen P. Vaughn, Skadden, Arps, Slate, Meagher & Flom LLP, of Washington, DC, argued for plaintiff-appellant United States Steel Corporation. With him on the brief were Robert E. Lighthizer, James C. Hecht and Stephen J. Narkin.

David B. Fishberg, Attorney, United States International Trade Commission, of Washington, DC, argued for defendant-appellee United States. With him on the brief were James M. Lyons, General Counsel, and Neal J. Reynolds, Assistant General Counsel for Litigation.

J. Christopher Wood, Gibson, Dunn & Crutcher LLP, of Washington, DC, argued for defendants-appellees JFE Steel Corporation, et al. With him on the brief were Daniel J. Plaine, Gracia M. Berg, Indraneel Sur, and Kristie A. Bluett. Of counsel were Donald Harrison and Dave M. Wharwood.

Mark S. McConnell, Hogan & Hartson LLP, of Washington, DC, for amicus curiae Chrysler Group LLC, et al. With him on the brief were Lewis E. Leibowitz, Jonathan T. Stoel, and Brian S. Janovitz.

Before MAYER, RADER, Circuit Judges, and WILKEN, District Judge.


RADER, Circuit Judge.

The United States Court of International Trade affirmed the International Trade Commission's ("ITC") second sunset review determination concerning antidumping and countervailing duty orders on corrosion-resistant ("CoRe") carbon steel products from Australia, Canada, France, Germany, Japan, and Korea. Nucor Corp. v. United States, 594 F.Supp.2d 1320 (Ct. Int'l Trade 2008). Because the ITC has discretion...

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