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NUCOR CORP. v. U.S.

2018-1787.

927 F.3d 1243 (2019)

NUCOR CORPORATION, Plaintiff-Appellant Arcelormittal USA LLC, AK Steel Corporation, United States Steel Corporation, Plaintiffs v. UNITED STATES, Government of Korea, Defendants-Appellees Dongkuk Steel Mill Co., Ltd., Defendant.

United States Court of Appeals, Federal Circuit.

Decided: June 21, 2019.

Attorney(s) appearing for the Case

Robert E. Defrancesco, III , Wiley Rein, LLP, Washington, DC, argued for plaintiff-appellant. Also represented by Timothy C. Brightbill , Tessa V. Capeloto , Laura El-Sabaawi , Alan H. Price , Adam Milan Teslik , Maureen E. Thorson , Christopher B. Weld .

Loren Misha Preheim , Commercial Litigation Branch, Civil Division, Department of Justice, Washington, DC, argued for defendant-appellee United States. Also represented by Elizabeth Anne Speck , Claudia Burke , Jeanne Davidson ; Catherine D. Miller , Office of Chief Counsel for Trade Enforcement and Compliance, Department of Commerce; Chad A. Readler , Civil Division, U.S. Department of Justice.

Jeffrey M. Winton , Law Office of Jeffrey M. Winton PLLC, Washington, DC, argued for defendant-appellee Government of Korea. Also represented by Youngjae Kim , Economic Section, Embassy of the Republic of Korea.

Before Lourie, Reyna, and Taranto, Circuit Judges.

Opinion dissenting filed by Circuit Judge Reyna.

In 2016, the U.S. Department of Commerce issued its final determination in its investigation into whether the Government of Korea had provided, to Korean producers and exporters of certain corrosion-resistant steel products (CORE), subsidies warranting imposition of...

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