British Steel Corp. v. United States

12 Ct. Int'l Trade 558
CourtUnited States Court of International Trade
DecidedJune 13, 1988
DocketCourt No. 83-7-01032
StatusPublished

This text of 12 Ct. Int'l Trade 558 (British Steel Corp. v. United States) is published on Counsel Stack Legal Research, covering United States Court of International Trade primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
British Steel Corp. v. United States, 12 Ct. Int'l Trade 558 (cit 1988).

Opinion

Bernard Newman, Senior Judge:

Introduction

This action, with its somewhat tortuous history, has now been resolved by the parties’ submission of a joint consent motion for dismissal with prejudice, based upon the Settlement Agreement appended to this memorandum. For informational purposes, the history of this case to date is briefly reviewed below.

Background

On April 27, 1983 the International Trade Administration, Department of Commerce (Commerce) published its final affirmative countervailing duty determination concerning Stainless Steel Plate from the United Kingdom, 48 Fed. Reg. 19048, finding that British Steel received various subsidies during the review period and accordingly imposed a duty of 19.31 percent ad valorem. Ibid. A final order was published on June 23, 1983, 48 Fed. Reg. 28690.

On July 21, 1983 — approximately five years ago — British Steel filed the complaint in this action challenging the final determination and order. Plaintiffs’ motion, pursuant to Rule 56.1(a) for an order directing submission for review upon the agency record, was [559]*559granted on January 12, 1984. British Steel Corporation v. United States, 7 CIT 1, 578 F. Supp. 421 (1984).

Thereafter, in British Steel Corporation v. United States, 9 CIT 85, Slip Op. 85-26, 605 F. Supp. 286 (March 8, 1985), the court sustained Commerce’s subsidy determination, but in conformance with defendants’ request, remanded the action to Commerce for certain redeterminations and recalculations bearing on the valuation of the subsidies. In due course, the Results of Remand were transmitted by Commerce to the court on September 9, 1985, and on October 9, 1985 plaintiffs challenged these results.

On March 31, 1986 in British Steel Corporation v. United States, 10 CIT 224, Slip Op. 86-37, 632 F. Supp. 59, motion for rehearing pending (British Steel II), the court affirmed in part the remand results, but found Commerce’s revised valuation methodologies unsupported by substantial evidence and contrary to law. Specifically, the court rejected Commerce’s 15-year valuation methodology and the amortization of the loan forgiveness at 1981 interest rates. Hence, in British Steel II, the action was again remanded to Commerce for reconsideration of its revised valuation methodologies and for recalculation of the subsidy benefits.

On April 30, 1986 defendants moved for a rehearing of British Steel II. Subsequently, defendants sought and were granted an extension of time to submit their supporting legal memorandum until it could be ascertained whether a settlement of this litigation could be reached (Order of May 9, 1986). Additionally, pursuant to plaintiffs’ motion, the court on May 28, 1986 rescinded the time-frame for the remand proceedings and ordered Commerce to perform its redeterminations within sixty days of the date of denial of defendants’ motion for rehearing. In accordance with the court’s order of May 9, 1986, the Government filed, periodic status reports with the court in 1986.

During the pendency of the second remand in 1986, the United States and the European Communities entered into an arrangement concerning the importation of various steel products — including stainless steel plate — effective March 1, 1986. As a consequence of the foregoing arrangement, on August 14, 1986 Commerce revoked the countervailing duty order effective with respect to exports on and after March 1, 1986. 51 Fed. Reg. 29144.

On August 25, 1986 defendants filed a motion for: (1) vacatur of that part of the court’s decision in British Steel II remanding the case to Commerce for reconsideration of its valuation methodologies and recalculation of the subsidy benefits; (2) vacatur of the court’s order of May 28, 1986 modifying the time period for the remand; and (3) dismissing this action as moot. The predicate asserted in defendants’ motion was that the action became moot by the revocation of the countervailing duty order and the then upcoming com[560]*560pletion by Commerce of the first administrative review under 19 U.S.C. § 1675. Plaintiffs filed an opposition to defendants’ motion.

On October 6, 1986 plaintiffs moved to enjoin liquidation of 1985-1986 entries of stainless steel plate from the United Kingdom. In British Steel Corporation v. United States, 10 CIT 661, Slip Op. 86-104, 647 F. Supp. 928 (October 17, 1986), the court denied plaintiffs’ application for a preliminary injunction respecting liquidation of the 1985-86 entries, without prejudice to renewal. Plaintiffs then appealed Slip Op. 86-104 to the Federal Circuit, and on November 12, 1986 the court granted plaintiffs’ application for an injunction pending appeal to prevent liquidation of the 1985-1986 entries until the Federal Circuit completed its review. British Steel Corporation v. United States, 10 CIT 716, Slip Op. 86-119, 649 F. Supp. 78 (Nov. 12, 1986).

On October 15, 1986 the court, pursuant to defendants’ application, ordered the suspension of all proceedings in the present case pending disposition of defendants’ vacatur motion and further ordered that in the event defendants’ motion be denied, the court’s order of May 9,1986 (concerning settlement negotiations) would be reinstated effective immediately upon the entry of the order of denial. On December 19, 1986 the court denied defendants’ vacatur motion without prejudice to renewal on completion of the appeal to the Federal Circuit. British Steel Corp. v. United States, 10 CIT 806, Slip Op. 86-136 (December 19, 1986).

On April 1,1987 the Federal Circuit dismissed as moot the appeal from the denial of a preliminary injunction in Slip Op. 86-104. British Steel Corporation v. United States, Appeal No. 87-1050 (Fed. Cir. April 1, 1987) (unpublished). On April 24, 1987 defendants renewed their motion for vacatur of the remand and dismissal of the action. Following the directive of the Federal Circuit citing United States v. Munsingwear, 340 U.S. 36 (1950), this court vacated the portion of Slip Op. 86-104 that denied plaintiffs’ application for a preliminary injunction. British Steel Corporation v. United States, 11 CIT 330, Slip Op. 87-55, 661 F. Sup. 68 (May 4, 1987).

On July 29, 1987 the court granted the parties’ "Joint consent motion to suspend proceedings on defendants’ renewal of motion for vacatur of remand and entry of final judgment dismissing the action.” In support of the motion, the court was advised that plaintiffs and defendants were continuing to pursue settlement negotiations and would file a status report by September 10,1987. On September 9, 1987, and periodically thereafter until the filing of the present joint consent motion, the parties filed with the court joint status reports concerning their negotiations. In these reports, the parties requested that proceedings on defendants’ renewal motion for vacatur and dismissal not be "recommenced” and further that suspension of proceedings under the court’s order of July 29, 1987 be maintained.

[561]*561Finally, on May 25, 1988 the parties reached a settlement agreement and submitted the current joint consent motion and agreement.

Order

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Related

United States v. Munsingwear, Inc.
340 U.S. 36 (Supreme Court, 1950)
British Steel Corp. v. United States
649 F. Supp. 78 (Court of International Trade, 1986)
British Steel Corp. v. United States
605 F. Supp. 286 (Court of International Trade, 1985)
British Steel Corp. v. United States
632 F. Supp. 59 (Court of International Trade, 1986)
British Steel Corp. v. United States
647 F. Supp. 928 (Court of International Trade, 1986)
British Steel Corp. v. United States
7 Ct. Int'l Trade 1 (Court of International Trade, 1984)

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Bluebook (online)
12 Ct. Int'l Trade 558, Counsel Stack Legal Research, https://law.counselstack.com/opinion/british-steel-corp-v-united-states-cit-1988.