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BOOMERANG TUBE LLC v. U.S.

2016-1554, 2016-1561.

856 F.3d 908 (2017)

BOOMERANG TUBE LLC, TMK IPSCO, Energex Tube, a division of JMC Steel Group, Welded Tube USA Inc., United States Steel Corporation, Plaintiffs-Appellants v. UNITED STATES, Jubail Energy Services Company, Duferco SA, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Decided: May 8, 2017.

Attorney(s) appearing for the Case

ROGER BRIAN SCHAGRIN , Schagrin Associates, Washington, DC, argued for plaintiffs-appellants Boomerang Tube LLC, TMK IPSCO, Energex Tube, Welded Tube USA Inc. Also represented by JOHN W. BOHN , CHRISTOPHER CLOUTIER , PAUL WRIGHT JAMESON , JORDAN CHARLES KAHN .

JONATHAN GORDON COOPER , Quinn Emanuel Urquhart & Sullivan, LLP, Washington, DC, argued for plaintiff-appellant United States Steel Corporation. Also represented by DEBBIE LEILANI SHON , JON DAVID COREY , KELSEY RULE , PHILIP CHARLES STERNHELL .

EMMA BOND , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for defendant-appellee United States. Also represented by BENJAMIN C. MIZER , JEANNE E. DAVIDSON , CLAUDIA BURKE ; HEATHER NOEL DOHERTY , United States Department of Commerce, Washington, DC.

NANCY NOONAN , Arent Fox, LLP, Washington, DC, argued for defendants-appellees Jubail Energy Services Company, Duferco SA. Also represented by JOHN M. GURLEY , DIANA DIMITRIUC QUAIA .

Before Reyna, Hughes, and Stoll, Circuit Judges.

Boomerang Tube LLC and United States Steel Corporation appeal a decision from the U.S. Court of International Trade, which affirmed the U.S. Department of Commerce's final determination in an antidumping investigation. The parties failed to exhaust their arguments before Commerce, and the Trade Court abused its discretion in...

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