345 F.3d 1379 (Fed. Cir. 2003), 03-1018, Nippon Steel Corp. v. International Trade Com'n

Docket Nº:03-1018
Citation:345 F.3d 1379
Party Name:Nippon Steel Corp. v. International Trade Com'n
Case Date:October 03, 2003
Court:United States Courts of Appeals, Court of Appeals for the Federal Circuit

Page 1379

345 F.3d 1379 (Fed. Cir. 2003)

NIPPON STEEL CORPORATION, NKK Corporation, Kawasaki Steel Corporation, and Toyo Kohan Co., Ltd., Plaintiffs-Appellees,




Weirton Steel Corporation, Defendant-Appellant.

Nos. 03-1018, 03-1019.

United States Court of Appeals, Federal Circuit

October 3, 2003

Christopher A. Dunn, Willkie Farr & Gallagher, of Washington, DC, argued for plaintiffs-appellees. With him on the brief were James P. Durling, Daniel L. Porter, and Robert E. DeFrancesco, III.

James M. Lyons, Deputy General Counsel, Office of the General Counsel, U.S.

Page 1380

International Trade Commission, of Washington, DC, argued for defendant-appellant International Trade Commission. With him on the brief were Lyn M. Schlitt, General Counsel; and Laurent M. deWinter, Attorney. Of counsel was Andrea C. Casson, Attorney.

Roger B. Schagrin, Schagrin Associates, of Washington, DC, argued for defendant-appellant Weirton Steel Corporation.

John J. Mangan, Skadden, Arps, Slate, Meagher & Flom LLP, of Washington, DC for amicus curiae Bethlehem Steel Corporation, et al. Of counsel were Stephen J. Narkin, Robert E. Lighthizer; Kevin M. Dempsey and Alan W. Wolff, Dewey Ballantine, of Washington, DC.

David I. Goldman, Associate General Counsel, United Steelworkers of America, of Pittsburgh, Pennsylvania, for amicus curiae United Steelworkers of America.

Before MAYER, Chief Judge, MICHEL and PROST, Circuit Judges.

MICHEL, Circuit Judge.

Weirton Steel Corporation and the United States International Trade Commission ("Commission") appeal from the decision of the United States Court of International Trade (1) vacating the renewed finding of material injury by the Commission following remand from the Court of International Trade and (2) directing a finding of no material injury to the domestic industry from less-than-fair-value imports by Nippon Steel Corporation and three other Japanese makers (collectively, "Nippon") of certain specialized steel products used in manufacturing tin cans for food. Nippon Steel Corp. v. United States, 223 F.Supp.2d 1349 (2002). Appellants argue principally that the Court of International Trade exceeded its authority and engaged in credibility determinations and other fact-finding functions assigned solely to the Commission by statute. 1 They also urge that the...

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