United States Federal Circuit

In a suit involving the interplay of the NAFTA Implementation Act and the Continued Dumping and Subsidy Offset Act (CDSOA) seeking, inter alia, a declaratory judgment interpreting the CDSOA in plaintiffs' favor, and an injunction against the government's continued distribution of duties assessed on certain goods from Canada to affected domestic producers, a declaratory judgment in favor of the Canadian producers is affirmed where: 1) at least one plaintiff had standing to seek it; and 2) the Court of International Trade properly interpreted the CDSOA, in light of section 408 of the NIA, to be inapplicable to goods imported from Canada or Mexico. Dismissal of claims brought by the Canadian government is affirmed for lack of standing, and the injunction is modified so that it pertains only to hard red spring wheat, because subsequent events rendered the case moot with respect to other industries.

Appellate Information

• Decided 02/25/2008
• Published 02/25/2008

Judges

• MICHEL, Chief Judge., Before MICHEL, Chief Judge, PLAGER, Senior Circuit Judge, and RADER, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Carter G. Phillips, Sidney Austin LLP, of Washington, DC, argued for plaintiff-cross appellant.   With him on the brief was Brian E. Nelson.   Of counsel were Ruthanne M. Deutsch and Neil R. Ellis, Sidley Austin LLP, of Washington, DC., Stephan E. Becker, Pillsbury Winthrop Shaw Pittman LLP, of Washington, DC, for amicus curiae Government of Mexico.   With him on the brief were Sanjay J. Mullick and Kemba T. Eneas., Lewis E. Leibowitz, Hogan & Hartson L.L.P, of Washington, DC. for amici curiae ThyssenKrupp Mexinox S.A. de C.V., et al.   With him on the brief was H. Christopher Bartolomucci.


• For Appellees:
  
• Mathew S. Yeo, Steptoe & Johnson LLP, of Washington, DC, argued for all plaintiffs-appellees.   With him on the brief for Norsk Hydro Canada Inc. was Gregory S, McCue for Canadian Wheat Board, Edward J. Krauland, and for Ontario Forest Industries Association, et al. was Elliot Jay Feldman, Baker & Hostetler LLP, of Washington.   Of counsel were Michael Thomas Gershberg and Mark Astley Moran, Steptoe & Johnson LLP, of Washington;  John J. Burke and Michael S. Snarr, Baker & Hostetler LLP, of Washington, DC., Jeanne E. Davidson, Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant United States.   On the brief was David S. Silverbrand, Trial Attorney.   Of counsel were Michael J. Dierberg, Trial Attorney;  and Andrew G. Jones, Office of Assistant Chief Counsel, United States Customs and Border Protection, of Indianapolis, IN., Bradford L. Ward, Dewey & LeBoeuf LLP, of Washington, DC, for defendant-appellant Coalition for Fair Lumber Imports Executive Committee.   With him on the brief was David A. Bentley.   Of counsel was Harry L. Clark., Stephen A. Jones, King & Spalding LLP, of Washington, DC, for defendant-appellant U.S. Magnesium LLC. With him on the brief were Joseph W. Dorn and Jeffrey M. Telep., Jeffrey D. Gerrish, Skadden, Arps, Slate, Meagher & Flom LLP, of Washington, DC, argued for defendant-appellant United States Steel Corporation.   With him on the brief were John J. Mangan and Robert E. Lighthizer., Paul C. Rosenthal, Kelley Drye Collier Shannon, LLP, of Washington, DC, argued for defendants-appellants U.S. Foundry & Manufacturing Co., et al.   With him on the brief was Michael R. Kershow.