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KERR-McGEE CHEMICAL CORP. v. U.S.

Slip Op. 97-150. Court No. 96-02-00397.

985 F.Supp. 1162 (1997)

KERR-McGEE CHEMICAL CORP., et al., Plaintiffs, v. UNITED STATES, Defendant, and China Hunan International Economic Development (Group) Corporation, China Metallurgical Import & Export Hunan Corporation, and Minmetals Precious & Rare Minerals Import & Export Corporation, Defendant-Intervenors.

United States Court of International Trade.

November 12, 1997.

Attorney(s) appearing for the Case

Gardner, Carton & Douglas (W.N. Harrell Smith IV, George N. Grammas), Washington, DC, for plaintiffs Kerr-McGee Chemical Corporation and Elkem Metals Company.

Frank W. Hunger, Assistant Attorney General of the United States; David M. Cohen, Director, Jeanne E. Davidson, Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice (Randi-Sue Rimerman), David J. Ross, Office of Chief Counsel for Import Administration, United States Department of Commerce, Of Counsel, Washington, DC, for defendant.

Dorsey & Whitney (Munford Page Hall, II, Philippe M. Bruno), Washington, DC, for defendant-intervenors China Hunan International Economic Development (Group) Corporation, China Metallurgical Import & Export Hunan Corporation, and Minmetals Precious & Rare Minerals Import & Export Corporation.

OPINION

CARMAN, Chief Judge.

Before this Court is Defendant's Motion to Strike nine items from Plaintiffs' Reply to Defendant's Memorandum in Opposition to Plaintiffs' Motion for Judgment Upon the Administrative Record ("Plaintiffs' Reply") pursuant to U.S. CIT R. 12(f). Defendant argues these portions of Plaintiffs' Reply contain "evidence" and "argument" not presented to, or obtained by, the Department of Commerce ("Department" or "Commerce") during the...

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