Husteel Co. v. United States

Slip Op. 08 ‐ 127 UNITED STATES COURT OF INTERNATIONAL TRADE

HUSTEEL COMPANY, LTD. and SEAH CORP., LTD, Plaintiffs, v. UNITED STATES, Defendant, Before: Gregory W. Carman, Judge and Court No. 06‐00075 IPSCO TUBULARS, INC., LONE STAR STEEL CO. INC., and MAVERICK TUBE CORP., Defendant‐Intervenors.

MEMORANDUM and ORDER [Commerce’s second remand results are sustained in part and remanded in part.]

November 21, 2008 Troutman Sanders LLP (Donald B. Cameron, Julie C. Mendoza, Jeffrey S. Grimson, R. Will Planert, Brady W. Mills, and Mary S. Hodgins) for Plaintiffs.

Gregory G. Katsas, Assistant Attorney General; Jeanne E. Davidson, Director, Commercial Litigation Branch, Civil Division, United States Department of Justice (David D’Alessandris), and David W. Richardson, of counsel, Office of Chief Counsel for Import Administration, United States Department of Commerce, for Defendant.

Schagrin Associates (Roger B. Schagrin and Michael J. Brown) for Defendant‐Intervenors.

Ct. No. 06‐00075 Page 2 CARMAN, JUDGE: Upon consideration of Department of Commerce’s (“Commerce”) Second Remand Results, the comments submitted by Plaintiffs pointing to an error in Commerce’s calculation of Korean inventory carrying costs, and comments submitted by Defendant acknowledging said error and requesting a remand to make corrections of said error, it is hereby ORDERED that the Second Remand Results are sustained, with the exception of the calculation of certain Korean inventory carrying costs; and it is further ORDERED that this case is remanded to the Department of Commerce for the limited purpose of correcting its calculation of certain Korean inventory carrying costs; and it is further ORDERED that Defendant shall file with this Court the Third Remand Results no later than December 5, 2008.

/s/ Gregory W. Carman Gregory W. Carman, Judge Dated: November 21, 2008 New York, New York