ThyssenKrupp Acciai Speciali Terni S.P.A. v. United States

OPINION

GOLDBERG, Senior Judge.

This matter is before the Court on the defendants’ partial motion to dismiss two counts of a four-count complaint for lack of subject matter jurisdiction pursuant to USCIT Rule 12(b)(1) and for failure to state a claim upon which relief can be granted pursuant to USCIT Rule 12(b)(5). For the following reasons, the defendants’ partial motion to dismiss is denied.

I. BACKGROUND

Plaintiff ThyssenKrupp Acciai Speciali Terni S.p.A. (“ThyssenKrupp”) is the sole producer of stainless steel sheet and strip in coils (“SSSS”) from Italy. 1 In 1998, the U.S. Department of…