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PROSPERITY TIEH ENTERPRISE CO. v. UNITED STATES

2019-1400, 2019-1562, 2019-1563.

965 F.3d 1320 (2020)

PROSPERITY TIEH ENTERPRISE CO., LTD., Yieh Phui Enterprise Co., Ltd., Plaintiffs-Appellants v. UNITED STATES, Nucor Corporation, Steel Dynamics, Inc., Arcelormittal USA LLC, Defendants-Appellees. California Steel Industries, Inc., United States Steel Corporation, Defendants v. AK Steel Corp., Defendant-Cross-Appellant.

United States Court of Appeals, Federal Circuit.

Decided: July 15, 2020.

Attorney(s) appearing for the Case

Donald Cameron, Jr. , Morris, Manning & Martin, LLP, Washington, DC, argued for plaintiff-appellant Prosperity Tieh Enterprise Co., Ltd. Also represented by Sabahat Chaudhary , Mary Hodgins , Julie Mendoza , Brady Mills , R. Will Planert , Eugene Degnan.

Kelly Alice Slater , Appleton Luff Pte. Ltd., Washington, DC, argued for plaintiff-appellant Yieh Phui Enterprise Co., Ltd.

Elizabeth Anne Speck , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for defendant-appellee United States. Also represented by Ethan P. Davis , Claudia Burke , Jeanne Davidson ; Michael Thomas Gagain , Office of the Chief Counsel for Import Administration, United States Department of Commerce, Washington, DC.

Daniel Schneiderman , King & Spalding LLP, Washington, DC, argued for defendant-cross-appellant.

Timothy C. Brightbill , Wiley Rein, LLP, Washington, DC, for defendant-appellee Nucor Corporation. Also represented by Tessa V. Capeloto , Adam Milan Teslik , Maureen E. Thorson , Christopher B. Weld.

Roger Brian Schagrin , Schagrin Associates, Washington, DC, for defendant-appellee Steel Dynamics, Inc. Also represented by Christopher Cloutier , Elizabeth Drake , Paul Wright Jameson , Luke A. Meisner , Kelsey Rule.

John M. Herrmann , Kelley Drye & Warren, LLP, Washington, DC, for defendant-appellee Arcelormittal USA LLC. Also represented by Kathleen Cannon , Robert Alan Luberda , Joshua Morey , Paul C. Rosenthal.

Before Newman, Dyk, and Reyna, Circuit Judges.

This appeal arises from an antidumping duty investigation in which the United States Department of Commerce "collapsed" into a single entity three Taiwanese producers of goods subject to the investigation. We conclude that Commerce's collapsing determination is contrary to law and unsupported by substantial evidence. We also...

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