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KERN-LIEBERS USA, INC. v. U.S.

Slip Op. 95-50. Court No. 93-09-00551-AD.

881 F.Supp. 618 (1995)

KERN-LIEBERS USA, INC., Plaintiff, v. The UNITED STATES, Defendant, and AK Steel Corporation, Bethlehem Steel Corporation, Gulf States Steel Inc. of Alabama, Inland Steel Industries, Inc., LTV Steel Co., Inc., National Steel Corporation, Sharon Steel Corporation, U.S. Steel Group A Unit of USX Corporation, and WCI Steel, Inc., Intervenor-Defendants.

United States Court of International Trade.

March 23, 1995.

Attorney(s) appearing for the Case

Porter, Wright, Morris & Arthur, Washington, DC (Leslie Alan Glick), for plaintiff.

Frank W. Hunger, Asst. Atty. Gen., David M. Cohen, Director, and Velta A. Melnbrencis, Asst. Director, Commercial Litigation Branch, Civil Div., U.S. Dept. of Justice; and Office of the Chief Counsel for Import Admin., U.S. Dept. of Commerce (Jeffrey C. Lowe), Washington, DC, of counsel, for defendant.

Skadden, Arps, Slate, Meagher & Flom, Washington, DC (Robert E. Lighthizer and John J. Mangan) and Dewey Ballantine, Washington, DC (Alan Wm. Wolff, Michael H. Stein, Bradford L. Ward and Guy C. Smith), for intervenor-defendants.

Memorandum

AQUILINO, Judge:

The plaintiff importer of merchandise described as "[c]ertain cold-rolled seat belt retractor spring steel with a specific chemical composition, restricted inclusion levels, and a particular microstructure and tensile strength"1 complains of the refusal of the International Trade Administration, U.S. Department of Commerce ("ITA") to exclude such imported material from the scope of its final...

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