Corus Group PLC v. Bush

Judgment

The sole issue remaining for decision in this matter is whether International Trade Commissioner Devaney’s vote resulting in imposition of duties on certain steel products, pursuant to § 201 et. seq. of the Trade Act of 1974, was a valid vote. The court heard oral argument on this matter in conjunction with plaintiffs’ preliminary injunction motion, which motion was denied in Corus Group PLC v. United *1107 States, No. 02-00253, Slip Op. 02-87 (Ct. Int’l Trade Aug. 9, 2002). In that opinion, the court also denied the ITC’s motion to dismiss for lack of jurisdiction, id. at 5, and finally determined that the ITC’s method of counting votes was proper. Id. at 10. The court has considered argument and briefing on the remaining issue and concludes that Commissioner Devaney’s vote was valid as he was appointed by the President pursuant to the Recess Appointment Clause of the Constitution, U.S. Const, art. Ill, § 2, cl. 3, to fill a vacancy on the ITC.

The court also concludes that it cannot express its reasoning on this issue better than it was expressed in Nippon Steel Corp. v. United States, No. 01-00103, Slip Op. 02-100 (Ct. Int’l Trade Aug. 30, 2002) and hereby adopts the reasoning of that opinion as its own.

Thus, based upon the opinions previously issued in this matter and in Nippon, defendants are granted summary judgment. Judgment is hereby entered in favor of defendants.