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GERALD METALS, INC. v. U.S.

Slip Op. 96-142. Court No. 95-06-00782.

937 F.Supp. 930 (1996)

GERALD METALS, INC., Plaintiff, v. The UNITED STATES, U.S. International Trade Commission, Defendant, and Magnesium Corporation of America, International Union of Operating Engineers, Local 564, and United Steel Workers of America, Local 8319, Defendant-Intervenors.

United States Court of International Trade.

August 21, 1996.

Attorney(s) appearing for the Case

Frederick P. Waite, Joseph Brooks, Denise Cheung (Popham, Haik, Schnobrich & Kaufman, Ltd), Washington, DC, for Plaintiff.

Lyn M. Schlitt, General Counsel; James A. Toupin, Deputy General Counsel; Andrea C. Casson, Attorney for Defendant, Office of the General Counsel, U.S. International Trade Commission.

Charles M. Darling, IV, Michael X. Marinelli (Baker & Botts, L.L.P.), Washington, DC, for Defendant-Intervenors.

OPINION

POGUE, Judge:

This case is before the Court on a motion for judgment upon the agency record pursuant to USCIT R. 56.2. Plaintiff Gerald Metals, Inc. ("Gerald Metals") brings this action under section 516A of the Tariff Act of 1930 for review of the final affirmative determination of the United States International Trade Commission ("Commission") that less-than-fair-value ("LTFV") imports of pure magnesium from Ukraine are causing material...

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