MCC Eurochem v. United States, No. 10-00260 (Ct. Int'l Trade 2011)

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Slip Op. 11-80 UNITED STATES COURT OF INTERNATIONAL TRADE MCC EUROCHEM, Plaintiff, v. Before: Leo M. Gordon, Judge Court No. 10-00260 UNITED STATES, Defendant. MEMORANDUM and ORDER [Vacating opinion and order that dismissed zeroing claim of Plaintiff s complaint, and reinstating claim.] Dated: July 8, 2011 Squire Sanders & Dempsey, LLP (Peter J. Koenig and Christine J. Sohar Henter) 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 (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) for Defendant-Intervenor Ad Hoc Committee of Domestic Nitrogen Producers. 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 Steel Co. v. United States, 635 F.3d 1363 (Fed. Cir. 2011) and JTEKT Corp. v. United States, ___ F.3d ___, 2011 WL 2557640 (Fed. Cir. June 29, 2011), which indicate that Plaintiff s zeroing Court No. 10-00260 Page 2 claim has merit. The court is therefore sua sponte vacating its prior Opinion and Order, and reinstating Count 2 of Plaintiff s complaint. Accordingly, it is hereby ORDERED that this Court s Opinion and Order dismissing Count 2 of Plaintiff s complaint, MCC Eurochem v. United States, 35 CIT __, 753 F. Supp. 2d 1369 (2011), is vacated; and it is further ORDERED that Count 2 (¶ 11) of Eurochem s complaint is reinstated. /s/ Judge Leo M. Gordon Judge Leo M. Gordon Dated: July 8, 2011 New York, New York

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