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PRIMESOURCE BUILDING PRODUCTS v. UNITED STATES

2021-2066 2021-2252.

59 F.4th 1255 (2023)

PRIMESOURCE BUILDING PRODUCTS, INC., Plaintiff-Appellee v. UNITED STATES, Joseph R. Biden, Jr., President of the United States, Gina M. Raimondo, Secretary of Commerce, Christopher Magnus, Commissioner of U.S. Customs and Border Protection, United States Customs and Border Protection, Department of Commerce, Defendants-Appellants. Oman Fasteners, LLC, Huttig Building Products, Inc., Huttig, Inc., Plaintiffs-Appellees v. United States, Joseph R. Biden, Jr., President of the United States, United States Customs and Border Protection, Christopher Magnus, Commissioner of U.S. Customs and Border Protection, Department of Commerce, Gina M. Raimondo, Secretary of Commerce, Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

Decided: February 7, 2023.

Attorney(s) appearing for the Case

Jeffrey S. Grimson, Mowry & Grimson, PLLC, Washington, DC, argued for plaintiff-appellee PrimeSource Building Products, Inc. Also represented by Bryan Patrick Cenko, Jill Cramer, Kristin Heim Mowry, Sarah Wyss.

Andrew Caridas, Perkins Coie, LLP, Washington, DC, argued for plaintiffs-appellees Oman Fasteners, LLC, Huttig Building Products, Inc., Huttig, Inc. Also represented by Michael Paul House; Karl J. Worsham, Phoenix, AZ.

Meen Geu Oh, Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for defendants-appellants. Also represented by Kyle Shane Beckrich, Brian M. Boynton, Tara K. Hogan, Patricia M. McCarthy.

Adam H. Gordon, The Bristol Group PLLC, Washington, DC, for amicus curiae The American Steel Nail Coalition. Also represented by Lauren Fraid, Jennifer Michele Smith.

Before Taranto, Chen, and Stoll, Circuit Judges.

In 2018, pursuant to § 232 of the Trade Expansion Act of 1962, Pub. L. No. 87-794, 76 Stat. 872, 877, codified as amended at 19 U.S.C. § 1862, the Secretary of Commerce reported to the President that steel imports threatened national security by contributing to unsustainably low levels of use of domestic steel-producing...

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