ARCELORMITTAL USA LLC v. U.S.

Slip Op. 17-49 Court No. 16-00168.

222 F.Supp.3d 1293 (2017)

ARCELORMITTAL USA LLC, Plaintiff, and AK Street Corporation, Nucor Corporation, and United States Steel Corporation, Plaintiff-Intervenors, v. UNITED STATES, Defendant, and PAO Severstal and Severstal Export GmbH, Defendant-Intervenors.

United States Court of International Trade.

Dated: April 25, 2017.


Attorney(s) appearing for the Case

Brooke Ringel , Kelly Drye & Warren, LLP, of Washington, DC, argued for plaintiff.

Renee A. Burbank , Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, DC, argued for defendant. With her on the brief were Benjamin C. Mizer , Principal Deputy Assistant Attorney General, Jeanne E. Davidson , Director, and Patricia M. McCarthy , Assistant Director. Of counsel on the brief was Michael T. Gagain , Attorney, Office of the Chief Counsel for Trade Enforcement & Compliance, U.S. Department of Commerce, of Washington, DC. Of counsel, Lydia Pardini , Attorney, Office of the Chief Counsel for Trade Enforcement & Compliance, U.S. Department of Commerce, of Washington, DC, argued for defendant.

Daniel J. Cannistra and Benjamin Blase Caryl , Crowell & Moring LLP, of Washington, DC, argued for defendant-intervenors.


OPINION

This case poses the question of whether a foreign exporter and producer, having obtained a de minimis subsidy rate in an investigation by the U.S. Department of Commerce ("Commerce"), and not being subject to a countervailing duty ("CVD") order, nonetheless has standing...

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