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US Steel's Unusual Section 337 Claims Could Have Big Impact

Law360, New York (September 5, 2016, 9:39 AM EDT) -- The ongoing Section 337 investigation case initiated by U.S. Steel Corp. — In re Certain Carbon and Alloy Steel Products, 337-TA-1002 — is garnering a lot of attention, both because of the expansive remedy it seeks and for its use of price-fixing, cybertheft and customs circumvention as the “unfair acts” alleged to invoke the International Trade Commission’s jurisdiction. These claims raise a number of issues the ITC may have to resolve before it issues its final determination.

In April 2016, U.S. Steel filed a complaint against virtually all Chinese manufacturers of carbon and alloy steel products. The ITC instituted the investigation...

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