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TRANSPACIFIC STEEL LLC v. UNITED STATES

2020-2157.

4 F.4th 1306 (2021)

TRANSPACIFIC STEEL LLC, Borusan Mannesmann Boru Sanayi ve Ticaret A.S., Borusan Mannesmann Pipe U.S. Inc., The Jordan International Company, Plaintiffs-Appellees, v. UNITED STATES, Joseph R. Biden, Jr., in His Official Capacity as President of the United States, United States Customs and Border Protection, Troy Miller, in His Official Capacity as Senior Official Performing the Duties of the Commissioner for United States Customs and Border Protection, Department of Commerce, Gina Raimondo, in Her Official Capacity as Secretary of Commerce, Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

Decided: July 13, 2021.

Attorney(s) appearing for the Case

Matthew Mosher Nolan , Arent Fox, LLP, Washington, DC, argued for all plaintiffs-appellees. Plaintiff-appellee Transpacific Steel LLC also represented by Diana Dimitriuc Quaia , Nancy Noonan , Leah N. Scarpelli , Russell Andrew Semmel .

Julie Mendoza , Morris, Manning & Martin, LLP, Washington, DC, for plaintiffs-appellees Borusan Mannesmann Boru Sanayi ve Ticaret A.S., Borusan Mannesmann Pipe U.S. Inc. Also represented by Donald Cameron, Jr. , Eugene Degnan , Mary Hodgins , Brady Mills , R. Will Planert , Edward John Thomas, III .

Lewis Leibowitz , The Law Office of Lewis E. Leibowitz, Washington, DC, for plaintiff-appellee Jordan International Company.

Tara K. Hogan , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for defendants-appellants. Also represented by Bryan M. Boynton , Jeanne Davidson , Ann Motto , Meen Geu Oh , Stephen Carl Tosini .

Dissenting opinion filed by Circuit Judge REYNA.

In section 232 of the Trade Expansion Act of 1962, Pub. L. No. 87-794, 76 Stat. 872, 877, codified as amended at 19 U.S.C. § 1862, Congress provided that if the President receives, and agrees with, a finding by a specified executive officer (now the Secretary of Commerce) that imports of an article threaten to impair...

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