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MAGNOLA METALLURGY, INC. v. U.S.

Slip Op. 06-172. Court No. 05-00617.

464 F.Supp.2d 1376 (2006)

MAGNOLA METALLURGY, INC., Plaintiff, v. UNITED STATES, Defendant, U.S. Magnesium LLC, Defendant-Intervenor.

United States Court of International Trade.

November 20, 2006.

Attorney(s) appearing for the Case

Baker & Hostetler, LLP (Elliot Jay Feldman, John J. Burke) for Plaintiff.

Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, Jeanne E. Davidson, Deputy Directory, Stephen Carl Tosini, Attorney, Civil Division, Commercial Litigation Branch, U.S. Department of Justice; and Office of Chief Counsel for Import Administration, Department of Commerce (Ada E. Bosque), of counsel, for Defendant.

King & Spalding, LLP, Washington, DC (Stephen Andrew Jones, Jeffrey Mark Telep, Joseph W. Dorn)for Defendant-Intervenor U.S. Magnesium LLC.

OPINION

POGUE, Judge.

This is an action for judicial review of the decision of the Department of Commerce ("Commerce") in Pure Magnesium and Alloy Magnesium From Canada, 70 Fed.Reg. 54,367 (Dep't Commerce Sept. 14, 2005)(final results of 2003 countervailing duty administrative reviews)("2003 Final Results"). Plaintiff, Magnola Metallurgy, Inc. ("Magnola"), a Canadian producer of alloy magnesium, seeks to challenge Commerce's imposition of countervailing...

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