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POSCO v. UNITED STATES

Slip Op. 22-3 Consol. Court No. 17-00137.

556 F.Supp.3d 1364 (2022)

POSCO, Plaintiff, Nucor Corporation, Consolidated Plaintiff, ArcelorMittal USA LLC and SSAB Enterprises LLC, Plaintiff-Intervenors, v. UNITED STATES, Defendant, and SSAB Enterprises LLC, Nucor Corporation, ArcelorMittal USA LLC and POSCO, Defendant-Intervenors.

United States Court of International Trade.

January 13, 2022.

Attorney(s) appearing for the Case

Brady W. Mills, Ragan W. Updegraff, Donald B. Cameron, Julie C. Mendoza, R. Will Planert, Mary S. Hodgins, Eugene Degnan, and Sarah S. Sprinkle, Morris, Manning & Martin LLP, of Washington, D.C., for Plaintiff and Defendant-Intervenor POSCO.

Adam H. Price, Christopher Weld and Adam M. Teslik, Wiley Rein, LLP, of Washington, D.C., for Consolidated Plaintiff and Defendant-Intervenor Nucor Corporation.

Kelly A. Krystyniak, Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, D.C., for Defendant United States. With her on the brief were Brian M. Boynton, Acting Assistant Attorney General, Jeanne E. Davidson, Director, and Tara K. Hogan, Assistant Director. Of counsel on the brief was Rezza Karamloo, Attorney, Office of the Chief Counsel for Trade Enforcement and Compliance, U.S. Department of Commerce, of Washington, D.C.

OPINION

The court returns to a challenge to the U.S. Department of Commerce's ("Commerce") determination that Korean producers of certain carbon and alloy steel cut-to-length plate ("CTL plate") did not receive a countervailable benefit through the provision of electricity for less than adequate...

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