April 5, 2016
Partners Kathleen Cannon, R. Alan Luberda, Paul C. Rosenthal and special counsel David C. Smith were mentioned in the Law360 article “Slightly Thinner Steel Rods Can't Dodge Duty, Fed. Circ. Says.” The article reports on the recent Federal Circuit ruling in favor of firm clients ArcelorMittal and Gerdau Ameristeel US Inc. which overturned a Court of International Trade decision to allow foreign imports of wire rod that were very slightly outside of the scope of an antidumping order. The U.S. government argued that the CIT missed the point of the "minor alterations test" when it allowed Mexico-made steel wire rod to slip past an existing antidumping order in a December 2014 decision. Deacero’s 4.75 mm rods were just outside the diameter requirement to impose antidumping duties and served as a perfect example of what Commerce’s minor alterations test is supposed to catch, the government argued. Ms. Cannon, arguing for firm clients, said at oral argument in February that the narrowest wire rods at the time were 5.5 mm and the smallest industry standard at the time was 5 mm. ArcelorMittal and other producer Gerdau Ameristeel US Inc. were represented by Ms. Cannon, Mr. Luberda, Mr. Rosenthal and Mr. Smith.
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