Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Companhia Brasileira Carbureto de Calcio - CBCC v. Applied Industrial Materials Corp.

March 26, 2010

COMPANHIA BRASILEIRA CARBURETO DE CALCIO - CBCC, PLAINTIFF,
v.
APPLIED INDUSTRIAL MATERIALS CORP., ET AL., DEFENDANTS.



The opinion of the court was delivered by: Rosemary M. Collyer United States District Judge

MEMORANDUM OPINION

In approximately 1989, various U.S. producers of ferrosilicon, a material used in making steel, entered into an illegal price fixing arrangement for domestic sales. Some of these producers then petitioned the International Trade Commission ("ITC") to impose import tariffs on foreign ferrosilicon for alleged unfair "dumping" of those products at low prices in the United States. The ITC was persuaded, and the Department of Commerce imposed duties on foreign ferrosilicon in 1993 and 1994, causing Plaintiffs, Brazilian ferrosilicon producers, to withdraw from the U.S. market. In 2001, Plaintiffs brought these consolidated cases charging that the ITC petition was full of inaccuracies, misrepresentations, and outright fraudulent statements and seeking damages from U.S. ferrosilicon producers and two of their foreign parent companies.

These cases have languished for years, awaiting final action on Plaintiffs' efforts to get the ITC to lift the import tariffs. The ITC lifted the import tariffs in August 1999, and after a great deal of additional litigation, that decision was affirmed by the Court of International Trade ("CIT") and the Federal Circuit. See Elkem Metals Co. v. United States, No. 99-00627, 2008 WL 4097463 (CIT Sept. 5, 2008) (affirming the ITC's fourth remand determination), aff'd without op., No. 2009-1007, 2009 WL 1285837 (Fed. Cir. May 11, 2009). Now that this Court can again proceed, Defendants have re-filed motions to dismiss,*fn1 challenging the Court's personal jurisdiction over them. The Court will grant the motions.*fn2

I. FACTS

These lawsuits allege a price fixing conspiracy and an antidumping conspiracy in the ferrosilicon industry dating back to 1989. The price fixing conspiracy was the subject of criminal prosecutions and treble damages actions that terminated over a decade ago. Plaintiffs are three Brazilian producers of ferrosilicon: Companhia Brasileira Carbureto de Calcio -- CBCC ("CBCC"); Companhia Perroligas Minas Gerais -- Minasligas; and Cia. De Ferroligas Da Bahia -- Ferbasa.*fn3

They filed two identical complaints*fn4 alleging that the Defendants conspired to file antidumping petitions with the ITC "to prevent foreign producers from undercutting the conspiratorially induced high domestic prices for ferrosilicon." Compl. [Dkt. # 1] ¶ 18. Defendants include:

(1) Applied Industrial Materials Corporation, a Delaware corporation with its principal place of business in Pittsburgh, Pennsylvania ("AIMCOR");

(2) Elkem Metals Company, Inc.*fn5 , a New York partnership with its principal place of business in Pittsburgh, Pennsylvania ("Elkem Metals");

(3) Elkem A/S, a Norwegian corporation with its principal place of business in Oslo, Norway, and parent of Elkem Metals;

(4) Globe Metallurgical, Inc., a Delaware corporation with its principal place of business in Beverly, Ohio ("Globe");

(5) CC Metals and Alloys, Inc. (formerly known as SKW Metals & Alloys, Inc. ("SKW")), a Delaware corporation with its principal place of business in Amherst, New York ("CC Metals");

(6) SKW Trostberg AG, a German corporation with its principal place of business in Trostberg, Germany, and former parent of SKW ("Trostberg");*fn6 and

(7) The Ferroalloys Association, a trade association of ferrosilicon producers located in Washington, D.C. ("TFA").

The Complaint alleges that the Defendants defrauded the ITC, and as a result of the conspiracy, the Department of Commerce imposed antidumping duties that harmed Plaintiffs. Plaintiffs allege that Defendants have violated section 1 of the Sherman Antitrust Act, 15 U.S.C. § 1 (Count 1) and the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. § 1962(c) & (d) (Counts II and III).*fn7

AIMCOR, Globe, and three unions representing Elkem and SKW employees filed an antidumping petition with the ITC on January 12, 1993, regarding ferrosilicon imports from Brazil. Compl. ¶¶ 19-20; see also id. ¶ 20 ("Although SKW and Elkem did not join in the petition, they [ ] participated in the decision to file, helped to defray the costs, including legal representation fees, and induced, or consented to, their unions joining in the petition."). Defendants allegedly coordinated their false and misleading responses to ITC questionnaires and their false and misleading testimony before the ITC. Id. ¶¶ 22-23; see also id. ¶ 38 ("In fact, the ITC specifically referred to William Beard, President of American Alloys, Arden Sims, President of Globe, Charles Kopec, President of AIMCOR, and Charles Zak, Senior Vice President of SKW, as examples of industry individuals who provided inaccurate and misleading information to the ITC.")*fn8

The essence of the false statements made by Defendants to the ITC was that the domestic market for ferrosilicon was competitive and price sensitive and that imports of ferrosilicon were being dumped in the United States market and sold at unfairly low prices. Id. ΒΆ 23. The ITC relied on Defendants' fraudulent misrepresentations and determined in 1993 that the domestic ferrosilicon industry was materially injured by reason of dumped ferrosilicon ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.