United States Federal Circuit

Steel imported by Plaintiffs is German rather than Belgian in origin, because it is hot-rolled in Germany and not further cold-rolled in Belgium, and Commerce Department erred in finding otherwise and in imposing antidumping and countervailing duties on that basis. Plaintiffs are entitled to correct the country-of-origin designation on their previous entries to avoid those duties.

Appellate Information

• Decided 01/07/2009
• Published 01/07/2009

Judges

• Before BRYSON, DYK, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Thomas B. Wilner, Shearman & Sterling LLP, of Washington, DC, argued for plaintiffs-appellees.   With him on the brief were Ryan A.T. Trapani and Robert S. LaRussa., Stephen C. Tosini, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant United States.   With him on the brief were Gregory G. Katsas, Assistant Attorney General, Jeanne E. Davidson, Director, and Patricia M. McCarthy, Assistant Director.   Of counsel on the brief was Nithya Nagarajan, Attorney, Office of Chief Counsel for Import Administration, United States Department of Commerce, of Washington, DC., R. Alan Luberda, Kelley Drye & Warren LLP, of Washington, DC, for defendants-appellants, Allegheny Ludlum, et al.   With him were David A. Hartquist and Adam H. Gordon.