127 F.3d 1471 (Fed. Cir. 1997), 96-1401, British Steel PLC v. United States
|Docket Nº:||96-1401, 96-1402, 96-1404, 96-1405 and 96-1406.|
|Citation:||127 F.3d 1471|
|Party Name:||BRITISH STEEL PLC, Plaintiff-Appellant, and Government of the United Kingdom of Great Britain and Northern Ireland, Plaintiff, v. UNITED STATES, Defendant/Cross-Appellant, v. BETHLEHEM STEEL CORPORATION, Inland Steel Industries, Inc., and U.S. Steel Group--A UNIT of USX Corporation, Defendants-Appellees, and Geneva Steel, Gulf States Steel Inc. of|
|Case Date:||October 24, 1997|
|Court:||United States Courts of Appeals, Court of Appeals for the Federal Circuit|
Richard O. Cunningham and Peter Lichtenbaum, Steptoe & Johnson LLP, Washington, DC, argued for plaintiff-appellant British Steel PLC. With them on brief were Sheldon E. Hochberg and William L. Martin, III.
A. David Lafer, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, DC, argued for defendant/cross-appellant United States. With him on brief were Frank W. Hunger, Assistant Attorney General, and David M. Cohen, Director. Of counsel on brief were Stephen J. Powell, Chief Counsel, John D. McInerney, Senior Counsel, Elizabeth C. Seastrum Senior Counsel, Robert E. Nielsen, Senior Attorney, and David J. Ross, Attorney-Adviser, Office of the Chief Counsel for Import Administration, Department of Commerce, Washington, DC
Stephen J. Narkin, Skadden, Arps, Slate, Meagher & Flom LLP, Washington DC, and John A. Ragosta, Dewey Ballantine, Washington, DC, argued for defendants-appellees Bethlehem Steel Corporation, et al. With them on brief were Robert E. Lighthizer and John J. Mangan, Skadden, Arps, Slate, Meagher & Flom LLP; and Michael H. Stein, Guy C. Smith, and John R. Magnus, Dewey Ballantine. Of counsel were Michael R. Geroe and David S. da Silva Cornell, Dewey Ballantine; and D. Scott Nance, Skadden, Arps, Slate, Meagher & Flom LLP.
Kermit W. Almstedt, O'Melveny & Myers LLP, Washington, DC, for Altos Hornos de Mexico, S.A. de C.V. Of counsel was Michael A. Meyer. On brief was Jeffrey M. Winton, Shearman & Sterling, of Washington, DC.
Before MAYER, RADER, and SCHALL, Circuit Judges.
MAYER, Circuit Judge.
Altos Hornos de Mexico, S.A. de C.V. ("AHMSA"), British Steel plc ("BS plc"), and the United States appeal the judgment of the Court of International Trade, Consol. Court Nos. 93-09-00550, 93-09-00558, and 93-09-00570 (April 2, 1996), British Steel plc v. United States, 924 F.Supp. 139 (C.I.T.1996) ("British Steel II "), affirming the final determination of the United States Department of Commerce ("Commerce") in Certain Steel Products from the United Kingdom, 58 Fed.Reg. 37,393 (July 9, 1993) (final affirmative countervailing duty determination), as modified on remand in Remand Determination: Certain Steel Products from the United Kingdom (July 17, 1995); in Certain Steel Products from Brazil, 58 Fed.Reg. 37,295 (July 9, 1993) (final affirmative countervailing duty determination), as modified on remand in Remand Determination: Certain Steel Products from Brazil, (July 17, 1995); and in Certain Steel Products from Mexico, 58 Fed.Reg. 37,352 (July 9, 1993) (final affirmative countervailing duty determination) ("Mexico Determination "), as modified on remand in Remand Determination: Certain Steel Products from Mexico (July 17, 1995). Appellants also contest various aspects of the Court of International Trade's February 9, 1995, order, British Steel plc. v. United States, 879 F.Supp. 1254 (C.I.T.1995) ("British Steel I "), remanding the final determinations to Commerce. [*] We reverse in part because the...
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