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Litigation

The International Trade & Investment practice has a long list of litigation wins, both before administrative agencies and the relevant courts of jurisdiction.

Successful appeals before the US Court of International Trade and the Court of Appeals for the Federal Circuit include the following:

  • ArcelorMittal Stainless Belgium N.V. v. United States, 1:08-cv-00434-RKE (representing Plaintiff) (judgment entered for Plaintiff)
  • Allegheny Ludlum Corp. v. United States, 1:05-cv-00488-EJW, Slip Op. 06-188 (2006) (represented Defendant-Intervenor) (judgment entered for Defendant/Defendant-Intervenors)
  • Ugine & ALZ Belgium, N.V. v. United States, 1:05-cv-00444-GWC, Slip Op. 05-97 (2005) (represented Plaintiffs) (judgment entered in Plaintiffs’ favor and affirmed on appeal)
  • National Steel Corp. v. BHP Steel Ams., LLC, 1:02-cv-00743-GWC, Slip Op. 04-05 (2004) (represented Defendant-Intervenor) (judgment entered for Defendant/Defendant-Intervenors)
  • Nucor Corp. v. United States, Case No. 1:02-cv-00729-GWC, Slip Op. 04-15 (2004) (represented Defendant-Intervenor) (judgment entered for Defendant/Defendant-Intervenors)
  • Committee for Fair Beam Imports v. United States International ITC, 1:02-cv-00531-JMB, Slip Op. 03-73 (2003) (represented Defendant-Intervenor) (judgment entered for Defendant/Defendant-Intervenors)
  • Allegheny Ludlum Corp. v. United States, 1:01-cv-01091-RKM, Slip Op. 03-126 (2003) (represented Defendant-Intervenor) (judgment entered for Defendant/Defendant-Intervenors)
  • ALZ, N.V. v. United States, 1:01-cv-00834-EJW, Slip Op. 03-81 (2003) (represented Plaintiffs) (judgment entered in Plaintiffs’ favor and affirmed on appeal

Cases Won Based on Negative Commerce Department Determination of Industry Support:

  • Crude Petroleum Oil Products from Venezuela

Cases Won Based on Negative International Trade Commission Preliminary Injury Determination:

  • Spring Table Grapes from Mexico
  • Nitrile Rubber from Korea
  • Live Cattle from Mexico
  • Light-Walled Rectangular Pipe from Mexico
  • Potassium Hydroxide from Italy
  • Wine from Italy and France I
  • Wine from Italy and France II
  • Cement from Venezuela
  • Radial Tires for Passenger Cars from Korea

Cases Won Based on Negative Commerce Department Determination of Dumping or Subsidies:

  • Collated Roofing Nails from Korea
  • Tubes for Tires from Korea
  • Softwood Lumber from Canada

Cases Won Based on Negative International Trade Commission Final Injury Determination:

  • Cold-Rolled Carbon Steel Products from France
  • Uranium from Kazakhstan
  • Emulsion Styrene-Butadiene from Korea
  • Beryllium from Kazakhstan
  • Silicomanganese from Venezuela
  • Calcium Aluminate Cement from France
  • Steel Wire Rope from Mexico I
  • Sewn Cloth Headwear from the People’s Republic of China
  • EC Aluminum Rod from Venezuela (after affirmative decision overturned on appeal)
  • Ice Hockey Sticks from Canada

Cases Won Based on International Trade Commission Sunset:

  • Corrosion-Resistant Steel from France
  • Stainless Steel Wire Rod from France
  • Stainless Steel Sheet and Strip from France
  • Stainless Steel Bar from France
  • Stainless Steel Bar from Italy

Cases Settled through Suspension Agreement:

  • Steel Plate from China
  • Fresh Tomatoes from Mexico
  • Uranium from the Soviet Union/Kazakhstan
  • Gray Portland Cement and Clinker from Venezuela
  • Potassium Chloride (Potash) from Canada
  • Leather Wearing Apparel from Uruguay
  • Electric Motors from Japan

Cases Settled through Other Mechanisms:

  • Phototypesetting and Imagesetting Machines from Germany
  • Steel from Mexico

Cases Terminated Based on Commerce Department Reviews:

  • Mechanical Transfer Presses from Japan
  • Large Newspaper Printing Presses from Germany
  • Steel Wire Rope from Mexico II
  • Calcium Aluminate Flux from France
  • Polyethylene Terephthalate Film from Korea

Successful Section 201 Representations:

  • Steel Products:
    • Represented large European steel producer, which obtained exclusions allowing it to continue to export hundreds of millions of dollars of products exempt from duties imposed
  • Carbon Steel Wire Rod:
    • Represented Mexican industry, which was excluded from remedies imposed
  • Circular Welded Carbon Quality Line Pipe:
    • Represented Mexican industry, which was excluded from remedies imposed
  • Fresh Tomatoes and Bell Peppers:
    • Represented Mexican industry, which won the final ITC determination
  • Fresh Winter Tomatoes from Mexico:
    • Represented Mexican industry, which won the ITC determination on provisional measures
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