Nucor Corporation v. United States

414 F.3d 1331 (2005)

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Nucor Corporation v. United States

United States Court of Appeals for the Federal Circuit
414 F.3d 1331 (2005)

JL

Facts

In June 2001, the president of the United States requested the International Trade Commission (ITC) to investigate allegations of the dumping of imports of certain steel products. In September 2001, a number of domestic steel producers, including Nucor Corporation and United States Steel Corporation (plaintiffs), petitioned the ITC to conduct antidumping and countervailing-duty investigations for the same steel imports. Following the conclusion of the first investigation, the president imposed safeguard tariffs in March 2002 on those steel imports. The ITC continued its investigation into the petition and determined that the domestic industry was not being materially injured or threatened with material injury due to the existing tariffs. The ITC focused its analysis on the state of the market following the adoption of the safeguard tariffs by the president in March 2002. Because the ITC determined there was no present material injury, the ITC dismissed the petition. Nucor and United States Steel Corporation appealed to the Court of International Trade, which affirmed. Nucor and United States Steel Corporation then appealed to the United States Court of Appeals for the Federal Circuit.

Rule of Law

Issue

Holding and Reasoning (Bryson, J.)

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