Slip Op. 12 - 91
J U D G M E N T
UNITED STATES COURT OF INTERNATIONAL TRADE
Thomas J. Aquilino, Jr., Senior Judge
- - - - - - - - - - - - - - - - - - -x
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. :
- - - - - - - - - - - - - - - - - - -x
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
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