ArcelorMittal Stainless Belgium N.V. v. United States, (2011)

Extract

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ArcelorMittal Stainless Belgium N.V. v. United States, (2011)

Slip-Op 11-82

UNITED STATES COURT OF INTERNATIONAL TRADE:

ARCELORMITTAL STAINLESS:

BELGIUM N.V.,::

Plaintiff,:: Before: Richard K. Eaton, Judgev.:: Court No. 08–00434UNITED STATES,::

Defendant,::and::

ALLEGHENY LUDLUM:

Def.-Int.::

OPINION

[The Department of Commerce’s results of redetermination pursuantto remand are sustained.]

Dated: July 12, 2011

Shearman & Sterling LLP (Robert LaRussa and Bryan Dayton),for plaintiff ArcelorMittal Stainless Belgium N.V.Tony West, Assistant Attorney General; Jeanne E. Davidson,Director, Patricia M. McCarthy, Assistant Director, CommercialLitigation Branch, Civil Division, United States Department ofJustice (Stephen C. Tosini); Office of Chief Counsel for ImportAdministration, U.S. Department of Commerce, Daniel J. Calhoun,of counsel, for defendant.Kelley Drye & Warren, LLC (David Hartquist and Jeffrey S.

Beckington), for defendant-intervenor Allegheny LudlumCorporation.

Eaton, Judge: Before the court is plaintiff ArcelorMittalStainless Belgium’s (“ASB” or “plaintiff”) challenge to theDepartment of Commerce’s (the “Department” or “Commerce”) FinalResults of Redetermination Pursuant to Remand, dated July 29,2010 (the “Remand Results”). This matter originally came beforethe court on plaintiff’s challenge to Commerce’s final scoperuling issued on December 3, 2008 concerning stainless steelplate in coils ("SSPC") from Belgium. See SSPC from Belgium:

Final Scope Ruling, A-423-808 (Dep’t of Commerce Dec. 3, 2008)(the "Final Scope Ruling"). It was remanded by order dated March30, 2010, with instructions to Commerce to follow the three-stepmethodology established by the Court of Appeals for the FederalCircuit (the "Federal Circuit") and the Department’s regulations,for deciding scope inquiries. Arcelormittal Stainless Belgium

N.V. v. United States, Court No. 08-00434, Order (March 30,2010). For the reasons stated below, the Remand Results aresustained.

BACKGROUND

Commerce's antidumping and countervailing duty orders onSSPC from Belgium1cover:[C]ertain stainless steel plate in coils. Stainlesssteel is an alloy steel containing, by weight, 1.2percent or less of carbon and 10.5 percent or more ofchromium, with or without other elements. The subjectplate products are flat-rolled products, 254 mm or overin width and 4.75 mm or more in thickness, in coils,1Pursuant to 19 C.F.R. § 351.225(m) (2010), Commerce hasdetermined that the Remand Results will govern the scope of allof the SSPC antidumping and countervailing duty orders. RemandResults at 1 n.1.and annealed or otherwise heat treated and pickled orotherwise descaled. . . .(emphasis added). SSPC from Belgium, Italy, and South Africa, 64Fed. Reg. 25,288, 25,288 (Dep’t of Commerce May 11, 1999) (noticeof amended final determination of countervailing duties); See

also Certain SSPC from Belgium, Canada, Italy, the Republic ofKorea, South Africa, and Taiwan, 64 Fed. Reg. 27,756 (Dep’t ofCommerce May 21, 1999) (antidumping duty orders); Certain SSPCfrom Belgium, Canada, Italy, the Republic of Korea, South Africa,and Taiwan, 68 Fed. Reg. 11,520 (Dep’t of Commerce March 11,2003) (notice of amended antidumping duty orders); Certain SSPCfrom Belgium, Canada, Italy, the Republic of Korea, South Africa,and Taiwan, 68 Fed. Reg. 11,524 (Dep’t of Commerce March 11,2003) (notice ...

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