UNION STEEL v. U.S.

Nos. 2012-1248, 2012-1315.

713 F.3d 1101 (2013)

UNION STEEL, LG Hausys, Ltd., LG Hausys America, Inc., and Dongbu Steel Co., Ltd., Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee, and Nucor Corporation, Defendant-Appellee, and United States Steel Corporation, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

April 16, 2013.


Attorney(s) appearing for the Case

Donald B. Cameron , Morris Manning & Martin LLP, Washington, DC, argued for plaintiffs-appellants. With him on the brief were Julie C. Mendoza , R. Will Planert , Brady W. Mills , Mary S. Hodgins and Jeffrey O. Frank .

L. Misha Preheim , Trial Attorney, Civil Division, Commercial Litigation Branch, United States Department of Justice, of Washington, DC, argued for defendantappellee, United States. With her on the brief were Stuart F. Delery , Acting Assistant Attorney General, Jeanne E. Davidson , Director, and Claudia Burke , Assistant 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.

Timothy C. Brightbill , Wiley Rein LLP, of Washington, DC, argued for defendant-appellee, Nucor Corporation. With him on the brief was Alan H. Price . Of counsel were Maureen E. Thorson , Lori Scheetz , Robert E. DeFrancesco, III , and Tessa V. Capeloto .

Jeffrey D. Gerrish , Skadden, Arps, Slate, Meagher & Flom, LLP, of Washington, DC, argued for defendant-appellee, United States Steel Corporation. With him on the brief were Robert E. Lighthizer and Ellen J. Schneider .

Neil R. Ellis and Jill Caiazzo , for amici curiae, Ami JTEKT Corporation, et al. and Robert A. Lepstein and Alexander H. Schaefer counsel for NSK Corporation, et al. and Kevin M. O'Brien , Diane A. MacDonald and Christine M. Streatfield , counsel for NTN Corporation, et al.

Terence P. Stewart and Geert De Prest , Stewart and Stewart, of Washington, DC, for amicus curiae, Committee to support U.S. Trade Laws.

Before LOURIE, PLAGER, and WALLACH, Circuit Judges.


WALLACH, Circuit Judge.

In the decision now on appeal, the United States Court of International Trade affirmed the Department of Commerce's ("Commerce") use of zeroing to determine antidumping duties in administrative reviews, even though Commerce no longer uses zeroing in investigations establishing antidumping orders. This court has twice considered whether such divergent practices constitute a reasonable construction of Commerce's governing statute, both times...

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