POSCO v. U.S.

2019-1213.

977 F.3d 1369 (2020)

POSCO, Plaintiff v. UNITED STATES, Defendant Steel Dynamics, Inc., AK Steel Corporation, ArcelorMittal USA LLC, United States Steel Corporation, Intervenor-Defendants Nucor Corporation, Intervenor-Defendant-Appellant Nucor Corporation, Plaintiff-Appellant AK Steel Corporation, ArcelorMittal USA LLC, United States Steel Corporation, Intervenor-Plaintiffs v. United States, Defendant-Appellee Hyundai Steel Company, POSCO, Government of Korea, Intervenor-Defendants.

United States Court of Appeals, Federal Circuit.

Decided: October 15, 2020.


Attorney(s) appearing for the Case

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

Kelly A. Krystyniak , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for defendant-appellee. Also represented by Jeffrey B. Clark , Jeanne Davidson , Patricia M. McCarthy ; Emma T. Hunter , Office of the Chief Counsel for Trade Enforcement & Compliance, United States Department of Commerce, Washington, DC.

Before Reyna, Taranto, and Stoll, Circuit Judges.


This appeal comes to us from the U.S. Court of International Trade. The Trade Court affirmed the U.S. Department of Commerce's final affirmative determination in the countervailing duty investigation on certain cold-rolled steel flat products from the Republic of Korea. Plaintiff-Appellant Nucor Corporation challenges Commerce...

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