Norsk Hydro Canada Inc. v. United States, No. 05-000585 (Ct. Int'l Trade 2006)
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SLIP OP. 06-99 UNITED STATES COURT OF INTERNATIONAL TRADE ------------------------------x NORSK HYDRO CANADA INC., : : Plaintiff, : : v. : : THE UNITED STATES, : : Defendant : : and : : US MAGNESIUM LLC, : : ------------------------------x Court No. 05-000585 Before: Pogue, Judge OPINION Defendant and Defendant-Intervenor move to dismiss Counts IIIV of Plaintiff's complaint under USCIT R. 12(b)(1) and 12(b)(5) for the reasons this court rejected in Norsk Hydro Canada Inc. v. United States, 28 CIT ___, 350 F. Supp. 2d 1172 (2004) (addressing a prior administrative review). Because the court has, in that prior decision, decided the question at issue here, the motions are denied. June 30, 2006 /s/ New York, New York Donald C. Pogue, Judge
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