Legal Opinion

ILVA Lamiere E Tubi S.R.L. v. United States

United States Court of International Trade

Decided July 29, 2003No. Slip Op. 03-97; Court 00-00127Published

1Opinion of the Court

OPINION

GOLDBERG, Senior Judge.

At issue in this case is the method employed by the U.S. Department of Commerce (the “Department”) to calculate subsidies in countervailing duty investigations of newly privatized companies. Plaintiffs ILVA Lamiere e Tubi S.p.A. (“ILT”) and ILVA S.p.A. (“New ILVA”) also challenge the Department’s decision to impose countervailing duties on early retirement benefits provided by the Government of Italy.

I. Facts

The following facts are taken from the Department’s original determination in this case. Final Affirmative Countervailing Duty Determination: Certain…

2Cases cited7 opinions

  1. Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
  2. Consolo v. Federal Maritime CommissionSupreme Court of the United States · 1966
  3. Japan Whaling Ass'n v. American Cetacean SocietySupreme Court of the United States · 1986
  4. Matsushita Electric Industrial Co., Ltd. v. The United States and Zenith Radio CorporationCourt of Appeals for the Federal Circuit · 1984
  5. Delverde, Srl and Delverde Usa, Inc. v. United States v. Borden, Inc., Hershey Foods Corp. And Gooch Foods, Inc.Court of Appeals for the Federal Circuit · 2000

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