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AMERICAN SILICON TECHNOLOGIES v. U.S.

No. SLIP OP. 02-123, Court No. 99-03-00149.

240 F.Supp.2d 1306 (2002)

AMERICAN SILICON TECHNOLOGIES, Elkem Metals Company and Globe Metallurgical Inc. Plaintiffs, v. UNITED STATES, Defendant, and Ligas De Aluminio S.A. Defendant-intervenor. Eletrosilex S.A., Plaintiff, v. United States Defendant, and American Silicon Technologies, Elkem Metals Company and Globe Metallurgical Inc. Defendant-Intervenors.

United States Court of International Trade.

October 17, 2002.

Attorney(s) appearing for the Case

Baker Botts, LLP, Washington, DC (Kirk K. Van Tine, Samuel J. Waldon, and Matthew T. West) for plaintiffs and defendant-intervenors American Silicon Technologies, Elkem Metals Company, and Globe Metallurgical Inc.

Robert D. McCallum, Jr., Assistant Attorney General, David M. Cohen, Director, Commercial Litigation Branch, Civil Division, U.S. Department of Justice (Reginald T. Blades, Jr.), and Office of Chief Counsel for Import Administration, U.S. Department of Commerce (Michele D. Lynch), of counsel, for defendant.

Dorsey & Whitney, LLP, Washington, DC (Philippe M. Bruno and Rosa S. Jeong) for plaintiff and defendant-intervenor Eletrosilex, S.A.

OPINION

MUSGRAVE, Judge.

In this action plaintiff Eletrosilex S.A., a Brazilian producer of silicon metal, challenges the decision by the International Trade Administration of the United States Department of Commerce ("Commerce" or "the agency") to use total adverse facts available to determine its dumping margin in the sixth administrative review of the antidumping duty order on silicon metal from Brazil...

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