U.S. STEEL CORP. V. U.S., (2010)

Extract

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U.S. STEEL CORP. V. U.S., (2010)

United States Court of Appeals for the Federal Circuit

UNITED STATES STEEL CORPORATION,

Plaintiff-Appellant,

and

NUCOR CORPORATION,

Plaintiff-Appellant,

and

GALLATIN STEEL COMPANY, SSAB NORTH AMERICAN DIVISION, STEEL DYNAMICS, INC., AND ARCELORMITTAL USA, INC.

Plaintiffs,

v.

UNITED STATES,

Defendant-Appellee,

and

CORUS STAAL BV,

Defendant-Appellee.

2009-1572, -1573

Appeal from the United States Court of International Trade in Consolidated Case No. 07-00170, Judge Judith

M. Barzilay.

Decided: October 4, 2010

US STEEL CORP v. US 2

JEFFREY D. GERRISH, Skadden, Arps, Slate, Meagher & Flom LLP, of Washington, DC, argued for plaintiff-appellant United States Steel Corporation. With him on the brief were ROBERT E. LIGHTHIZER, ELLEN J.

SCHNEIDER and LUKE A. MEISNER. Of counsel was JAMES

C. HECHT.

TIMOTHY C. BRIGHTBILL, Wiley Rein LLP, of Washington, DC, argued for plaintiff-appellant Nucor Corporation. With him on the brief were ALAN H. PRICE and MAUREEN

E. THORSON.

CLAUDIA BURKE, Senior Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee United States. With her on the brief were TONY

WEST, Assistant Attorney General, JEANNE E. DAVIDSON, Director, and PATRICIA M. MCCARTHY, Assistant Director.

Of counsel on the brief was SAPNA SHARMA, Office of the

Chief Counsel for Import Administration, United States

Department of Commerce, of Washington, DC.

JAMIE B. BEABER, Steptoe & Johnson LLP, of Washington, DC, argued for defendant-appellee Corus Staal BV. With him on the brief were JOEL D. KAUFMAN and

ALICE A. KIPEL. Of counsel was RICHARD O. CUNNINGHAM.

Before LOURIE, LINN, and DYK, Circuit Judges.

LOURIE, Circuit Judge.

United States Steel Corp. ("U.S. Steel") and Nucor Corp. ("Nucor" and collectively "Appellants") appeal from 3

US STEEL CORP v. US

the decision of the United States Court of International Trade upholding the Department of Commerce's ("Commerce's") determination of antidumping duties against Corus Staal ("Corus") for impor...

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