Al Tech Specialty Steel Corp. v. United States, Court No. 83-1-00118.

• Court: U.S. Court of International Trade
• Citation: 575 F. Supp. 1285
• Docket Number: Court No. 83-1-00118.
• Parties: AL TECH SPECIALTY STEEL CORPORATION; Armco, Inc.; Carpenter Technology Corporation; and Crucible Stainless Steel Division of Colt Industries, Inc., Plaintiffs, v. UNITED STATES, Defendant, and Ugine Aciers and Intsel Corporation, Intervenors.
• Decision Date: 21 November 1983

575 F. Supp. 1285

AL TECH SPECIALTY STEEL CORPORATION; Armco, Inc.; Carpenter Technology Corporation; and Crucible Stainless Steel Division of Colt Industries, Inc., Plaintiffs,
v.
UNITED STATES, Defendant,
and
Ugine Aciers and Intsel Corporation, Intervenors.

Court No. 83-1-00118.

United States Court of International Trade.

November 21, 1983.

Collier, Shannon, Rill & Scott, Washington, D.C. (David A. Hartquist, Paul C. Rosenthal and David L. Dick, Washington, D.C., on briefs), for plaintiffs.

J. Paul McGrath, Asst. Atty. Gen., David M. Cohen, Director, Commercial Lit. Branch, Washington, D.C. (Velta A. Melnbrencis,

575 F. Supp. 1286

New York City, on briefs), for defendant

Covington & Burling, Washington, D.C. (Harvey M. Applebaum, Washington, D.C., on briefs), for intervenors.

Opinion and Order

MALETZ, Senior Judge:

Plaintiffs have moved for a preliminary injunction pursuant to rule 65 of the rules of this court to enjoin pendente lite the liquidation of entries of stainless steel wire rods entered by intervenors Ugine Aciers and Intsel Corporation (Ugine Aciers). That merchandise is the subject of an outstanding dumping finding issued in 1973, see 38 Fed.Reg. 9,094 (1973), which was administratively reviewed by the Department of Commerce, International Trade Administration (ITA), under section 751(a) of the Tariff Act of 1930, as amended, 19 U.S.C. § 1675(a) (Supp. IV 1980). See 48 Fed.Reg. 2,808 (1983). Plaintiffs now seek injunctive relief pending resolution of their judicial challenge to that section 751 review.

In order to prevail on a motion for a preliminary injunction, plaintiffs must show (1) that they will be immediately and irreparably injured; (2) that there is a likelihood of success on the merits; (3) that the public interest would be better served by the relief requested; and (4) that the balance of hardship on all the parties favors petitioners. Zenith Radio Corp. v. United States, 710 F.2d 806, 809 (Fed.Cir.1983). See also S.J. Stile Assoc., Ltd. v. Snyder, 646 F.2d 522, 525 (CCPA 1981); The Timken Co. v. United States, 6 CIT ___, 569 F.Supp. 65, 68 (1983). Considering for the moment the second of these four criteria, in their complaint plaintiffs have taken issue with two alleged procedural irregularities in the ITA's section 751 review. In an opinion promulgated this day the court has addressed each of those challenges, ruling for plaintiffs on an issue involving information verification under section 776(a) of the Tariff Act of 1930, as amended, 19 U.S.C. § 1677e(a) (Supp. IV 1980). See AL Tech Specialty Steel Corp. v. United States, 1277 F.Supp. 575 Slip Op. 83-119 (C.I.T. Nov. 21, 1983).¹

While in a strictly technical sense plaintiffs have now prevailed on the "merits" of their complaint, they have not done so in the more refined and ultimate sense of that term. For plaintiffs have yet to begin their attack on the substantive aspects of the ITA's section 751 review—in this court's view, the "true" merits. This is quite understandable, naturally, since without verification of the information submitted by Ugine Aciers it is literally impossible for plaintiffs to meaningfully challenge the substance of the ITA's section 751 results. No one can know upon what those results are...