MUELLER COM. DE MEX., S. DE R.L. DE C.V. v. U.S.

No. 2013-1391.

753 F.3d 1227 (2014)

MUELLER COMERCIAL DE MEXICO, S. DE R.L. DE C.V. and Southland Pipe Nipples Co., Inc., Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee, and TMK IPSCO Tubulars and Allied Tube and Conduit, Defendants-Appellees, and United States Steel Corporation, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

May 29, 2014.


Attorney(s) appearing for the Case

Yohai Baisburd , White & Case LLP, of Washington, DC, argued for plaintiffs-appellants. With him on the brief were David E. Bond , Jay C. Campbell and Tingting Kao.

Douglas G. Edelschick , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendantappellee United States. With him on the brief were Stuart F. Delery , Assistant Attorney General, Jeanne E. Davidson , Director, and Franklin E. White, Jr. , Assistant Director. Of counsel was Nathaniel J. Halvorson , Attorney, Office of the Chief Counsel for Import Administration, United States Department of Commerce, of Washington, DC.

Roger B. Schagrin , Schagrin Associates, of Washington, DC, argued for defendants-appellees TMK IPSCO Tubulars, et al. With him on the brief was John W. Bohn.

Ellen J. Schneider , Skadden Arps, Slate, Meagher & Flom LLP, of Washington, DC, argued for defendant-appellee United States Steel Corporation. With her on the brief were Robert Lighthizer and Jeffrey D. Gerrish. Of counsel were James C. Hecht and Luke A. Meisner.

Before NEWMAN, DYK, and TARANTO, Circuit Judges.


DYK, Circuit Judge.

Plaintiffs Mueller Comercial de Mexico, S. de R.L. de C.V., and Southland Pipe Nipples Company, Inc.1 (collectively, "Mueller") appeal from a decision of the Court of International Trade sustaining the United States Department of Commerce's ("Commerce") antidumping determination. We vacate and remand.

BACKGROUND

The Tariff Act of 1930 (the "Act"), as amended...

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