Slip Op. 10 - 97 

SECOND AMENDED JUDGMENT

UNITED STATES COURT OF INTERNATIONAL TRADE 

Thomas J. Aquilino, Jr., Senior Judge 

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MITTAL STEEL POINT LISAS LIMITED, : 

 

 Plaintiff, : 

 

 v. : 

 Court No. 02-00756 

UNITED STATES, : 

 

 Defendant. : 

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 The court having entered a judgment of dismissal of 

this action pursuant to slip opinion 05-37, 29 CIT 329, 366 

F.Supp.2d 1300 (2005); and the plaintiff having prosecuted an 

appeal therefrom; and the U.S. Court of Appeals for the Federal 

Circuit (“CAFC”) having decided sub nom. Caribbean Ispat Ltd. v. 

United States, 450 F.3d 1336 (2006), to vacate that judgment of 

dismissal and remand this matter; and this court in slip opinion 

06-151, 30 CIT 1519 (2006), having read the mandate of the CAFC 

to require remand to the U.S. International Trade Commission 

(“ITC”) to 

“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”, 
Court No. 02-00756 Page 2 

quoting 450 F.3d at 1341, quoting Bratsk Aluminum Smelter v. 

United States, 444 F.3d 1369, 1375 (Fed.Cir. 2006); and this 

court having entered an order of remand in haec verba; and the 

ITC in compliance with that order having determined that an 

industry in the United States is not materially injured or 

threatened with material injury by reason of imports of certain 

wire rod from Trinidad and Tobago that are sold in the United 

States at less than fair value; and this court having affirmed 

that determination sub nom. Mittal Steel Point Lisas Ltd. v. 

United States, 31 CIT 1041, 495 F.Supp.2d 1374 (2007), and 

entered an amended final judgment of affirmance; and the 

intervenor-defendants having appealed therefrom and induced the 

CAFC to opine, among other things, Mittal Steel Point Lisas Ltd. 

v. United States, 542 F.3d 867, 877 (Fed.Cir. 2008), that it 

does 

not regard the decision in Bratsk as requiring the 

Commission to presume that producers of non-subject 

goods would have replaced the subject goods if the 

subject goods had been removed from the market. 

Although we stated there, and reaffirm here, that the 

Commission has the responsibility to consider the 

causal relation between the subject imports and the 

injury to the domestic industry, that responsibility 

does not translate into a presumption of replacement 

without benefit to the domestic industry[;] 

and the CAFC having determined to vacate this court’s amended 

final judgment, notwithstanding the ITC’s “scrupulous attention 
Court No. 02-00756 Page 3 

to the terms of this court’s remand instructions”, 542 F.3d at 

879, and remand the matter yet again “for further consideration 

of the material injury issue in light of [it]s opinion” and also 

“for further proceedings with respect to the threat of material 

injury”, id.; and this court pursuant to the mandate of the CAFC 

having in slip opinion 10-32, 34 CIT ___ (March 29, 2010), 

remanded to the ITC to attempt to comply with the CAFC’s 

reasoning, as set forth in its foregoing, more recent opinion, 

and to report to this court any results of this mandated remand; 

and the defendant in compliance with the court’s latest order of 

remand having on June 25, 2010 filed the Views of the Commission 

now to the effect that 

an industry in the United States is materially injured 

by reason of imports of wire rod from Trinidad and 

Tobago that are sold in the United States at less than 

fair value [;] 

and all parties having been afforded an opportunity to comment 

on said Views; and no party having interposed an objection 

thereto; Now therefore, after due deliberation, it is 

ORDERED, ADJUDGED and DECREED that the view of certain 

members of the ITC filed herein on June 25, 2010 that an 

industry in the United States is materially injured by reason of 

imports of wire rod from Trinidad and Tobago that are sold in 
Court No. 02-00756 Page 4 

the United States at less than fair value be, it hereby is, 

affirmed; and it is further 

ORDERED, ADJUDGED and DECREED that this action again 

be, and it hereby is, finally dismissed. 

Dated: New York, New York 

 August 30, 2010 

 /s/ Thomas J. Aquilino, Jr. 

 Senior Judge