United States Steel Corporation v. United States

Slip Op. 12 -
J U D G M E N T
UNITED STATES COURT OF INTERNATIONAL TRADE
Thomas J. Aquilino, Jr., Senior Judge
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UNITED STATES STEEL CORPORATION, 	:
Plaintiff, 	:
-and- 	:
NUCOR CORPORATION, 	:
Intervenor-Plaintiff, :
v. 	: 	Court No. 08-00216
THE UNITED STATES, 	:
Defendant, 	:
-and- 	:
ESSAR STEEL, LIMITED, 	:
Intervenor-Defendant. :
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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 	the 	International 	Trade 	Administration, 	U.S.
Department 	of 	Commerce 	(“ITA”) 	to 	clarify 	or 	reconsider 	its
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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.
§1677a(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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