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MCC EUROCHEM v. U.S.

Slip Op. 11-80. Court No. 10-00260.

780 F.Supp.2d 1341 (2011)

MCC EUROCHEM, Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

July 8, 2011.

Attorney(s) appearing for the Case

Squire Sanders & Dempsey, LLP (Peter J. Koenig and Christine J. Sohar Henter), Washington, DC, for Plaintiff MCC Eurochem.

Tony West, Assistant Attorney General, Jeanne E. Davidson, Director, Patricia M. McCarthy, Assistant Director, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, Washington, DC, (David D'Alessandris); and Office of Chief Counsel, Department of Commerce (Shana Hofstetter), of counsel, for Defendant United States.

Akin, Gump, Strauss, Hauer & Feld, LLP (Valerie A. Slater, Margaret C. Marsh), Washington, DC, for Defendant-Intervenor Ad Hoc Committee of Domestic Nitrogen Producers.

MEMORANDUM and ORDER

GORDON, Judge:

The court previously granted Defendant's motion to dismiss Count 2 of Plaintiff's complaint (Compl. ¶ 11), which challenged the U.S. Department of Commerce's "zeroing" methodology. MCC Eurochem v. United States, 35 CIT ___, 753 F.Supp.2d 1369 (2011) ("Opinion and Order"). The U.S. Court of Appeals for the Federal Circuit has subsequently issued two decisions, Dongbu...

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