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BRITISH STEEL CORP. v. UNITED STATES

No. 83-7-01032.

632 F.Supp. 59 (1986)

BRITISH STEEL CORPORATION, et al., Plaintiffs, v. UNITED STATES, et al., Defendants, Allegheny Ludlum Steel Corporation, et al., Defendants-Intervenors.

United States Court of International Trade.

March 31, 1986.

Attorney(s) appearing for the Case

Steptoe & Johnson (Richard O. Cunningham, Charlene Barshefsky, William L. Martin, II and Neil R. Ellis, Washington, D.C., of counsel), for plaintiffs.

Richard K. Willard, Asst. Atty. Gen., David M. Cohen, Director, Commercial Litigation Branch, and Sheila N. Ziff, Washington, D.C., Esq., for defendants.

Collier, Shannon, Rill & Scott (David A. Hartquist and Paul C. Rosenthal, Washington, D.C., of counsel), for defendants-intervenors.

NEWMAN, Senior Judge:

Introduction

The central issue presented, having significant international trade implications for foreign governments that make "equity infusions" in state-owned enterprises in poor financial health, is: Under what circumstances are such companies "uncreditworthy" thereby making the government's investments commercially unreasonable and hence countervailable subsidies under 19 U.S.C. § 1677(5)(B)(i). On this vital aspect...

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