KAPTAN DEMIR CELIK ENDUSTRISI v. UNITED STATES

Slip Op. 24-116 Court No. 23-00131.

736 F.Supp.3d 1318 (2024)

KAPTAN DEMIR CELIK ENDUSTRISI VE TICARET A.S., Plaintiff, and Icdas Celik Enerji Tersane ve Ulasim Sanayi, A.S., Plaintiff-Intervenor, v. UNITED STATES, Defendant, and Rebar Trade Action Coalition, Defendant-Intervenor.

United States Court of International Trade.

October 21, 2024.


Attorney(s) appearing for the Case

David L. Simon, Law Office of David L. Simon, PLLC, of Washington, D.C., argued for Plaintiff Kaptan Demir Celik Endustrisi ve Ticaret A.S. With him on the brief was Mark B. Lehnardt.

Jessica R. DiPietro, Leah N. Scarpelli, and Matthew M. Nolan, ArentFox Schiff LLP, of Washington, D.C., for Plaintiff-Intervenor Icdas Celik Enerji Tersane ve Ulasim Sanayi, A.S.

Kelley M. Geddes, Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, D.C., argued for Defendant the United States. With her on the briefs were Brian M. Boynton, Principal Deputy Assistant Attorney General, Patricia M. McCarthy, Director, L. Misha Preheim, Assistant Director. Of counsel on the briefs was W. Mitch Purdy, Attorney, Office of the Chief Counsel for Trade Enforcement and Compliance, U.S. Department of Commerce, of Washington, D.C.

Maureen E. Thorston, Wiley Rein LLP, of Washington, D.C., argued for Defendant-Intervenor Rebar Trade Action Coalition. With her on the brief were Alan H. Price, John R. Shane, and Stephanie M. Bell.


OPINION AND ORDER

In 2020, the government of Turkey exempted Plaintiff Kaptan Demir Celik Endustrisi ve Ticaret A.S. ("Kaptan")—a Turkish producer of steel concrete reinforcing bar ("rebar")1—from a tax it normally imposes on certain transactions involving...

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