Caribbean Ispat Ltd. v. United States

Slip Op. 06 - 151
UNITED STATES COURT OF INTERNATIONAL TRADE
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CARIBBEAN ISPAT LIMITED, :
Plaintiff, :
v. : Court No. 02-00756
UNITED STATES, : Before: Senior Judge
Aquilino
:
Defendant.
:
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ORDER
The mandate of the United States Court of Appeals for the
Federal Circuit having now issued in conjunction with its opinion
and judgment reported at 450 F.3d 1336 (2006) that this court's
underlying slip opinion 05-37, 29 CIT , 366 F.Supp.2d 1300(2005), be vacated and the case remanded; Now therefore, in
compliance therewith, it is hereby
ORDERED that the defendant United States International
Trade "Commission . . . make a specific causation determination and
in that connection . . . directly address whether [other LTFV
imports and/or fairly traded imports] would have replaced [Trinidad
and Tobago's] imports without any beneficial effect on domestic
producers", 450 F.3d at 1341, quoting from Bratsk Aluminum Smelter
v. United States, 444 F.3d 1369, 1375 (Fed.Cir. 2006); and it is
further hereby
Court No. 02-00756 Page 2
ORDERED that the defendant have until January 12, 2007 to
make that determination and report the result thereof to the other
parties and this court, whereupon those parties may have until
February 2, 2007 to comment thereon.
Dated: New York, New York
October 13, 2006
/s/ Thomas J. Aquilino, Jr.
Senior Judge