Slip Op. 11-80
UNITED STATES COURT OF INTERNATIONAL TRADE
MCC EUROCHEM,
Plaintiff,
Before: Leo M. Gordon, Judge
v.
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