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BORUSAN MANNESMANN v. UNITED STATES

2021-2097.

63 F.4th 25 (2023)

BORUSAN MANNESMANN BORU SANAYI VE TICARET A.S., Borusan Mannesmann Pipe U.S. Inc., Plaintiffs-Appellants v. UNITED STATES, Wheatland Tube, Nucor Tubular Products Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Decided: March 15, 2023.

Attorney(s) appearing for the Case

Julie Mendoza , Morris, Manning & Martin, LLP, Washington, DC, argued for plaintiffs-appellants. Also represented by Donald Cameron, Jr. , Mary Hodgins , Brady Mills , R. Will Planert , Edward John Thomas, III ; Timothy Meyer , Duke University School of Law, Durham, NC.

Alan H. Price , Wiley Rein, LLP, Washington, DC, for defendant-appellee Nucor Tubular Products Inc. Also represented by Theodore Paul Brackemyre , Robert E. DeFrancesco, Iii , Paul A. Devamithran.

Elizabeth Drake , Schagrin Associates, Washington, DC, argued for defendant-appellee Wheatland Tube. Also represented by Nicholas J. Birch , Christopher Cloutier , William Alfred Fennell , Luke A. Meisner , Kelsey Rule , Roger Brian Schagrin .

Robert R. Kiepura , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for defendant-appellee United States. Also represented by Brian M. Boynton , Patricia M. McCarthy , Franklin E. White, Jr. ; Rachel Bogdan , Office of the Chief Counsel for Trade Enforcement and Compliance, United States Department of Commerce, Washington, DC.

Before Taranto, Stoll, and Cunningham, Circuit Judges.

From May 2017 to April 2018, Borusan Mannesmann Boru Sanayi ve Ticaret A.S. and Borusan Mannesmann Pipe U.S. Inc. (collectively, Borusan) imported circular welded carbon steel pipes and tubes (carbon steel pipe) that were subject to decades-old antidumping duties. Near the end of that period in 2018, the President issued...

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