ESSAR STEEL, LTD. v. U.S.

No. 2013-1416.

753 F.3d 1368 (2014)

ESSAR STEEL, LIMITED, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee, and United States Steel Corporation, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

June 12, 2014.


Attorney(s) appearing for the Case

Daniel Morris , Dentons U.S. LLP, of Washington, DC, argued for plaintiff-appellant. With him on the brief was Mark P. Lunn.

David D'Alessandris , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee United States. With him on the brief were Stuart F. Delery , Assistant Attorney General, Jeanne E. Davidson , Director, and Patricia M. McCarthy , Assistant Director. Of counsel on the brief was Nathaniel Halvorson , Attorney, International Trade, Office of the Chief Counsel for Trade Enforcement & Compliance, United States Department of Commerce, of Washington, DC.

Nathaniel B. Bolin , 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 Jeffrey D. Gerrish. Of counsel were James C. Hecht , of Washington, DC, and Stephen J. Narkin , of Palo Alto, CA.

Before NEWMAN, LOURIE, and TARANTO, Circuit Judges.


LOURIE, Circuit Judge.

Essar Steel Ltd. ("Essar") appeals from the decision of the United States Court of International Trade (the "Trade Court") affirming the United States Department of Commerce's ("Commerce") corroboration of the adverse facts available ("AFA") rate from the fifth administrative review of the countervailing duty order covering certain hot-rolled carbon steel flat products from India. See Essar Steel Ltd. v. United States,

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