Legal Opinion

POSCO v. United States

United States Court of International Trade

Decided December 6, 2018No. Consol. 17-00137PublishedCited by 7 opinions

1Opinion of the CourtKatzmann, Judge

The issue of the provision of electricity and other benefits by foreign government entities to producers without adequate remuneration and the resulting lower price of imports has generated intense heat in the ongoing litigation under American laws designed to promote a level playing field for American goods in the domestic marketplace. More generally, the Department of Commerce's ("Commerce") adequate remuneration and adverse facts available methodologies have been at the center of such fair trade remedy disputes. Before the court is the challenge to Commerce's final affirmative…

2Cases cited28 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
  3. Burlington Truck Lines, Inc. v. United StatesSupreme Court of the United States · 1962
  4. Ceramica Regiomontana, S.A. And Industrias Intercontinental, S.A. v. The United StatesCourt of Appeals for the Federal Circuit · 1987
  5. Nippon Steel Corp. v. United StatesCourt of Appeals for the Federal Circuit · 2003

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3Cited by7 opinions

  1. NEXTEEL Co. v. United StatesUnited States Court of International Trade · 2019
  2. NEXTEEL Co. v. United StatesUnited States Court of International Trade · 2020
  3. POSCO v. United StatesUnited States Court of International Trade · 2019
  4. Nexteel Co., Ltd. v. United StatesCourt of Appeals for the Federal Circuit · 2022
  5. Nexteel Co., Ltd. v. United StatesCourt of Appeals for the Federal Circuit · 2022

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