United States Federal Circuit

A decision of the U.S. Court of International Trade instructing the U.S. International Trade Commission to issue a determination that the domestic industry was not materially injured by less-than-fair-value imports of certain steel sheets from Japan is reversed where the trade court erred in assessing credibility and in reweighing the evidence before the commission, and erred in concluding that the commission's finding of material injury to the domestic injury was not supported by substantial evidence.

Appellate Information

• Decided 08/10/2006
• Published 08/10/2006

Judges

• MICHEL, Chief Judge., Before MICHEL, Chief Judge, LINN and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• John J. Mangan, Skadden, Arps, Slate, Meagher & Flom LLP, of Washington, DC, for amicus curiae United States Steel Corporation.   With him on the brief were Robert E. Lighthizer, James C. Hecht, and Stephen P. Vaughn.


• For Appellees:
  
• James P. Durling, Willkie Farr & Gallagher, LLP, of Washington, DC, argued for plaintiffs-appellees.   With him on the brief were Daniel L. Porter and Robert E. DeFrancesco., Neal J. Reynolds, Assistant General Counsel for Litigation, Office of the General Counsel, United States International Trade Commission, of Washington, DC, argued for defendant-appellant United States.   With him on the brief was James M. Lyons, General Counsel., Terence P. Stewart, Stewart and Stewart, of Washington, DC, argued for defendant-appellant Mittal Steel USA ISG Inc. With him on the brief were Eric P. Salonen, Patrick J. McDonough, and Sarah V. Stewart.