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ALLEGHENY LUDLUM CORP. v. U.S.

Slip Op. 05-19, Court No. 03-00919.

358 F.Supp.2d 1334 (2005)

ALLEGHENY LUDLUM CORP., J & L Specialty Steel, Inc., Butler Armco Independent Union, United Steelworkers of America, AFL-CIO/CLC, and Zanesville Armco Independent Organization, Plaintiffs, v. UNITED STATES, Defendant, and Thyssenkrupp Acciai Speciali Terni, S.p.A. and Thyssenkrupp AST USA, Defendant-Intervenors.

United States Court of International Trade.

February 8, 2005.

Attorney(s) appearing for the Case

Collier Shannon Scott, P.L.L.C. (David A. Hartquist, Kathleen W. Cannon, Eric R. McClafferty), for Plaintiffs.

Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, Jeanne E. Davidson, Assistant Director, David D'Alessandris, Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, Robert E. Nielsen, Senior Attorney, Office of the Chief Counsel for Import Administration, United States Department of Commerce, for Defendant United States Department of Commerce.

Hogan & Hartson, L.L.P. (Lewis E. Leibowitz, Lynn G. Kamarck), for Defendant-Intervenors.

POGUE, Judge.

Plaintiff ("Allegheny") seeks this Court's review of Commerce's application of its latest methodology for determining when the privatization of a foreign firm extinguishes a subsidy that is the basis for a countervailing duty order. The case arises from the privatization of the Italian state-owned steel group ILVA. ILVA, during much of the 1980's and early 1990's, was subsidized by the Government of Italy ("GOI") through major restructurings and bailouts...

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