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ELKEM METALS CO. v. U.S.

Slip Op. 04-145, Court No. 02-00232.

350 F.Supp.2d 1270 (2004)

ELKEM METALS COMPANY and Globe Metallurgical Inc., Plaintiffs, v. UNITED STATES, Defendant, and Rima Industrial S/A, Defendant-Intervenor.

United States Court of International Trade.

November 16, 2004.

Attorney(s) appearing for the Case

Piper Rudnick LLP (William D. Kramer and Martin Schaefermeier) for Elkem Metals Company and Globe Metallurgical, Inc., plaintiffs.

Peter D. Keisler, Assistant Attorney General; David M. Cohen, Director, and Reginald T. Blades, Jr., Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice; Barbara J. Tsai, Office of the Chief Counsel for Import Administration, United States Department of Commerce, for the United States, defendant, of counsel.

Greenberg Traurig, LLP (Philippe M. Bruno and Rosa S. Jeong) for Rima Industrial S/A, defendant-intervenor.

OPINION

TSOUCALAS, Senior Judge.

I. Standard of Review

The Court will uphold the United States Department of Commerce's ("Commerce") redetermination pursuant to the Court's remand unless it is "unsupported by substantial evidence on the record, or otherwise not in accordance with law." 19 U.S.C. § 1516a(b)(1)(B)(i) (2000). Substantial evidence is "more than a mere scintilla. It means such relevant evidence as a reasonable...

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