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MCC EUROCHEM v. U.S.

Slip Op. 11-80. Court No. 10-00260.

780 F.Supp.2d 1341 (2011)

MCC EUROCHEM, Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

July 8, 2011.

Attorney(s) appearing for the Case

Squire Sanders & Dempsey, LLP ( Peter J. Koenig and Christine J. Sohar Henter ), Washington, DC, for Plaintiff MCC Eurochem.

Tony West , Assistant Attorney General, Jeanne E. Davidson , Director, Patricia M. McCarthy , Assistant Director, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, Washington, DC, ( David D'Alessandris ); and Office of Chief Counsel, Department of Commerce ( Shana Hofstetter ), of counsel, for Defendant United States.

Akin, Gump, Strauss, Hauer & Feld, LLP ( Valerie A. Slater , Margaret C. Marsh ), Washington, DC, for Defendant-Intervenor Ad Hoc Committee of Domestic Nitrogen Producers.

MEMORANDUM and ORDER

GORDON, Judge:

The court previously granted Defendant's motion to dismiss Count 2 of Plaintiff's complaint (Compl. ¶ 11), which challenged the U.S. Department of Commerce's "zeroing" methodology. MCC Eurochem v. United States, 35 CIT ___, 753 F.Supp.2d 1369 (2011) ("Opinion and Order"). The U.S. Court of Appeals for the Federal Circuit has subsequently issued two decisions, Dongbu...

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