NIPPON STEEL CORP. v. UNITED STATES

Slip Op. No. 24-112 Court Nos. 1:21-cv-00533, 1:22-cv-00183, 1:23-cv-00112 (SAV).

732 F.Supp.3d 1353 (2024)

NIPPON STEEL CORPORATION, Plaintiff, and JFE Shoji Corporation and JFE Shoji America, LLC, Plaintiff-Intervenors, v. UNITED STATES, Defendant, and Nucor Corporation, Steel Dynamics, Inc., and SSAB Enterprises, LLC, Defendant-Intervenors.

United States Court of International Trade.

October 10, 2024.


Attorney(s) appearing for the Case

Shawn M. Higgins and Rajib Pal, Sidley Austin LLP, of Washington, DC, for Plaintiff Nippon Steel Corporation. With them on the briefs were Justin R. Becker and Lindsey A. Ricchi.

Brenda A. Jacobs, Jacobs Global Trade & Compliance LLC, of McLean, VA, for Plaintiff-Intervenors JFE Shoji Corporation and JFE Shoji America, LLC.

Stephen C. Tosini, Senior Trial Attorney, Civil Division, Commercial Litigation Branch, U.S. Department of Justice, of Washington, DC, for Defendant United States. With him on the brief were Brian M. Boynton, Principal Deputy Assistant Attorney General, Patricia M. McCarthy, Director, Tara K. Hogan, Assistant Director, and Kyle S. Beckrich, Trial Attorney, and David W. Richardson, Of Counsel, Department of Commerce, Office of Chief Counsel for Trade Enforcement & Compliance.

Jeffrey D. Gerrish, Schagrin Associates, of Washington, DC, for Defendant-Intervenors Steel Dynamics, Inc. and SSAB Enterprises, LLC. With him on the brief was Roger B. Schagrin.

Maureen E. Thorson, Wiley Rein LLP, of Washington, DC, for Defendant-Intervenor Nucor Corporation. With her on the brief was Alan H. Price, Christopher B. Weld, Jeffrey O. Frank, and Enbar Toledano.


OPINION

These three cases address consecutive administrative reviews of the same antidumping duty order. Nippon Steel Corporation (Nippon Steel), a Japanese steel importer, was a mandatory respondent in each of the reviews. In the third administrative review, Nippon Steel failed to provide downstream...

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