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ELKEM METALS CO. v. U.S.

Slip op. 99-26. Court No. 98-03-00475.

44 F.Supp.2d 288 (1999)

ELKEM METALS COMPANY, Plaintiff, v. UNITED STATES of America, Defendant.

United States Court of International Trade.

March 23, 1999.

Attorney(s) appearing for the Case

Baker and Botts, L.L.P (William D. Kramer, Kirk K. Van Tine, Clifford E. Stevens, Jr., Wendy L. Cox, Jacqueline H. Fine) for Elkem Metals Company, plaintiff.

David W. Ogden, Acting Assistant Attorney General, David M. Cohen, Director, Commercial Litigation Branch, Civil Division, United States Department of Justice (Lucius B. Lau), Mark A. Barnett, Office of Chief Counsel for Import Administration, United States Department of Commerce, of counsel, for defendant.

MEMORANDUM OPINION AND ORDER

BARZILAY, District Judge.

Defendant, the United States, moves to dismiss Plaintiff's, Elkem Metals Company ("Elkem"), motion for judgment upon the agency record challenging the Department of Commerce's ("Commerce") continuation of a suspension agreement with the government of Ukraine, Antidumping: Silicomanganese from Ukraine; Suspension of Investigation, 59 Fed.Reg. 60,951 (Nov. 29, 1994). Defendant asserts that this...

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