U.S. Steel Corporation v. The United States and U.S. International Trade Commission, and Cosipa, Intervenors

MARKEY, Chief Judge.

Interlocutory appeal on a certified question arising from a decision of the Court of International Trade (CIT)1 denying U.S. Steel’s (USS) corporate in-house counsel access to confidential information. We vacate and return.

Background

In Republic Steel Corp., supra, note 1, an action involving a negative preliminary injury determination by the International Trade Commission (ITC), the CIT denied a motion for access by USS’ in-house counsel to certain confidential information while granting access to counsel retained by other parties. Relying on an earlier decision in U.S.…