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Companhia Brasileira Carbureto De Calcio - Cbcc v. Applied Industrial Materials Corp.
May 7, 2012
COMPANHIA BRASILEIRA CARBURETO DE CALCIO - CBCC, PLAINTIFF,
APPLIED INDUSTRIAL MATERIALS CORP., ET AL., DEFENDANTS.
The opinion of the court was delivered by: Rosemary M. Collyer United States District Judge
The Court dismissed these consolidated cases for lack of personal jurisdiction over the many defendants. On appeal, the D.C. Circuit affirmed in part, reversed in part, and vacated the order of dismissal. CC Metals & Alloys, Inc. ("CC Metals")*fn1 and Elkem Metals, Inc. ("Elkem")*fn2 have now moved to dismiss, asserting that the Circuit opinion calls for their dismissal as parties in this case. The motion will be denied.
These consolidated cases arise from import duties imposed on the Brazilian producers of ferrosilicon, a material used in making steel. On May 22, 1992, certain U.S. ferrosilicon producers 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,*fn3 to withdraw from the U.S. market.
During the same time period, beginning in 1993, the Department of
Justice investigated the domestic silicon products industry for
illegal price fixing. That investigation resulted in a guilty plea and
a conviction of two of the Defendants in this case.*fn4
As a result of the criminal case, in April 1998, Plaintiffs
requested that the ITC review its ruling on the antidumping petition.
The ITC reviewed and reversed its prior decision in August
After the ITC lifted the tariffs, Plaintiffs brought these consolidated cases alleging that the Defendants conspired to file fraudulent antidumping petitions with the ITC, causing the Department of Commerce to impose antidumping duties that harmed Plaintiffs. The Complaint alleges that Defendants 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).*fn5 Originally, Defendants included U.S. ferrosilicon producers, two of their foreign parents, and a trade association as follows:
(1) Applied Industrial Materials Corporation ("AIMCOR");
(3) Elkem A/S (foreign parent of Elkem);
(4) Globe Metallurgical, Inc.;
(6) SKW Trostberg AG (former foreign parent of SKW Metals & Alloys, Inc., predecessor ...
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