United States Federal Circuit

A ruling affirming the International Trade Commission's (ITC) second sunset review determination concerning antidumping and countervailing duty orders on corrosion-resistant carbon steel products from Australia, Canada, France, Germany, Japan, and Korea is affirmed where the ITC has discretion to consider the likely differing conditions of competition among the subject imports in deciding whether to cumulatively assess their volume and effect under 19 U.S.C. section 1675a(a)(7).

Appellate Information

• Decided 04/07/2010
• Published 04/07/2010

Judges

• RADER, Circuit Judge., Before MAYER, RADER, Circuit Judges, and WILKEN, District Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Daniel B. Pickard, Wiley Rein LLP, of Washington, DC, argued for plaintiffs-appellants Nucor Corporation and Steel Dynamics, Inc. With him on the brief were Alan H. Price, and Robert E. DeFrancesco, III., Stephen P. Vaughn, Skadden, Arps, Slate, Meagher & Flom LLP, of Washington, DC, argued for plaintiff-appellant United States Steel Corporation. With him on the brief were Robert E. Lighthizer, James C. Hecht and Stephen J. Narkin., Mark S. McConnell, Hogan & Hartson LLP, of Washington, DC, for amicus curiae Chrysler Group LLC, et al. With him on the brief were Lewis E. Leibowitz, Jonathan T. Stoel, and Brian S. Janovitz.


• For Appellees:
  
• David B. Fishberg, Attorney, United States International Trade Commission, of Washington, DC, argued for defendant-appellee United States. With him on the brief were James M. Lyons, General Counsel, and Neal J. Reynolds, Assistant General Counsel for Litigation., J. Christopher Wood, Gibson, Dunn & Crutcher LLP, of Washington, DC, argued for defendants-appellees JFE Steel Corporation, et al. With him on the brief were Daniel J. Plaine, Gracia M. Berg, Indraneel Sur, and Kristie A. Bluett. Of counsel were Donald Harrison and Dave M. Wharwood.