United States Steel Corp. v. United States, No. 08-00216 (Ct. Int'l Trade 2012)

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This opinion or order relates to an opinion or order originally issued on June 14, 2011.

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Slip Op. 12 - 91 J U D G M E N T UNITED STATES COURT OF INTERNATIONAL TRADE Thomas J. Aquilino, Jr., Senior Judge - - - - - - - - - - - - - - - - - - -x UNITED STATES STEEL CORPORATION, : Plaintiff, : -and- : NUCOR CORPORATION, : Intervenor-Plaintiff, : v. : THE UNITED STATES, Court No. 08-00216 : Defendant, : -and- : ESSAR STEEL, LIMITED, : Intervenor-Defendant. : - - - - - - - - - - - - - - - - - - -x AQUILINO, Senior Judge: This court s slip opinion 11-66, 35 CIT (2011), having granted plaintiff s and intervenor- plaintiff s motions for judgment on the agency record compiled sub nom. Certain Hot-Rolled Carbon Steel Flat Products from India: Notice of Final Results of Antidumping Duty Administrative Review, 73 Fed.Reg. 31,961 (June 5, 2008), ( Final Results ), to the extent of remand to Department of the International Commerce ( ITA ) to Trade Administration, clarify or reconsider U.S. its Court No. 08-00216 Page 2 analysis of intervenor-defendant Essar Steel Limited s entitlement to duty-drawback adjustment within the meaning of 19 U.S.C. ยง1677a(c)(1)(B); and the defendant having filed ITA s Final Results of Redetermination Pursuant to Court Remand, upon which each of the parties to this case filed with the court written comments; and the court in its slip opinion 12-48, 36 CIT (2012), having further remanded the matter to the ITA to correct a ministerial error in computer programming and to adjust normal value by adding exempted duties to the intervenor-defendant s cost of production or explain why the agency s new practice of allowing such adjustment was inapplicable herein; and the defendant having now filed ITA s Final Results of Redetermination Pursuant to Second Court Remand (May 22, 2012), concluding that the dumping margin for Essar for th[e] period of review is 9.01 percent ; and none of the parties having since taken issue with this result; Now therefore, after due deliberation, it is ORDERED, ADJUDGED, and DECREED that the ITA s Final Results of Redetermination Pursuant to Second Court Remand (May 22, 2012) be, and they hereby are, affirmed. Dated: New York, New York June 28, 2012 /s/ Thomas J. Aquilino, Jr. Senior Judge

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