United States Federal Circuit

In a countervailing duty case brought by Canadian magnesium producer and exporter, grant of judgment to the government on the agency record is affirmed where: 1) the Department of Commerce was not required to make a new de novo finding of specificity in a 2003 administrative review of plaintiff's countervailing duty order absent new facts or evidence; and 2) plaintiff presented no new facts or evidence that would require Commerce to revisit its 2003 specificity determination in a New Shipper Review proceeding.

Appellate Information

• Decided 11/20/2007
• Published 11/20/2007

Judges

• DYK, Circuit Judge., Before NEWMAN, RADER, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Elliot J. Feldman, Baker & Hostetler LLP, of Washington, DC, argued for plaintiff-appellant.   With him on the brief was John J. Burke.


• For Appellees:
  
• John J. Todor, Attorney Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee, United States.   On the brief were Peter D. Keisler, Acting Attorney General, Jeanne E. Davidson, Director, Patricia M. McCarthy, Assistant Director, and Stephen C. Tosini, Attorney.   Of counsel on the brief was William J. Kovatch, Senior Attorney, Office of the Chief Counsel for Import Administration, United States Department of Commerce, of Washington, DC., Jeffrey M. Telep, King & Spalding LLP, of Washington, DC, argued for defendant-appelle, U.S. Magnesium LLC. With him on the brief was Stephen A. Jones.   Of counsel was Joseph W. Dorn.