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ESSAR STEEL LTD. v. U.S.

Slip Op. 13-48. Court No. 09-00197.

908 F.Supp.2d 1306 (2013)

ESSAR STEEL LIMITED, Plaintiff, v. UNITED STATES, Defendant, and United States Steel Corporation, Defendant-Intervenor.

United States Court of International Trade.

April 9, 2013.

Attorney(s) appearing for the Case

Dentons U.S. LLP ( Mark P. Lunn ), for Plaintiff Essar Steel Limited.

Stuart F. Delery , Acting Assistant Attorney General; Jeanne E. Davidson , Director; Patricia M. McCarthy , Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice (David D'Alessandris), Deborah King , Office of the Chief Counsel for Import Administration, United States Department of Commerce, of counsel, Washington, DC, for Defendant United States.

Skadden, Arps, Slate, Meagher, and Flom, LLP ( Robert E. Lighthizer , Jeffrey D. Gerrish , Washington, DC, Stephen J. Narkin , Palo Alto, CA, and Nathaniel B. Bolin , Washington, DC), for Defendant-Intervenor United States Steel Corporation.

OPINION

BARZILAY, Senior Judge:

This matter returns to the court following remand to the U.S. Department of Commerce ("Commerce") to address the issue of corroboration within the context of the adverse facts available ("AFA") rate applied to Plaintiff Essar Steel Limited ("Essar") in the countervailing duty ("CVD") administrative review on certain hot-rolled carbon steel flat products from India covering...

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