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ARCELORMITTAL STAINLESS BELGIUM N.V. v. U.S.

No. 2011-1578.

694 F.3d 82 (2012)

ARCELORMITTAL STAINLESS BELGIUM N.V. (now known as Aperam Stainless Belgium N.V.), Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee, and Allegheny Ludlum Corporation, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

September 7, 2012.

Attorney(s) appearing for the Case

Bryan H. Dayton , Shearman & Sterling, LLP, of Washington, DC, argued for plaintiff-appellant. With him on the brief was Robert S. LaRussa .

Patricia M. McCarthy , Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee, United States. With her on the brief were Tony West , Assistant Attorney General, and Jeanne E. Davidson , Director. Of counsel on the brief was Daniel J. Calhoun , Attorney, Office of the Chief Counsel for Import Administration, United States Department of Commerce, of Washington, DC.

Jeffrey S. Beckington , Kelley Drye & Warren, LLP, of Washington, DC, argued for defendant-appellee, Allegheny Ludlum Corporation. With him on the brief was David A. Hartquist .

Before RADER, Chief Judge, PLAGER, and LINN, Circuit Judges.

PLAGER, Circuit Judge.

This is an antidumping case. It involves the scope of the Department of Commerce's ("Commerce") antidumping duty order on certain stainless steel plate in coils ("SSPC"). The order states that the products subject to the order are those which are "4.75 mm or more in thickness." Aperam Stainless Belgium N.V. ("ASB"),1 a Belgian producer of SSPC, requested a scope ruling to determine whether its products, which have...

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