Complainant ArcelorMittal filed a complaint pursuant to Section 337 of the Tarriff Act of 1930.  The complaint alleged that Respondent VinFast engaged in unlawful and unauthorized importation of infringing steel and automotive products into the United States.

Ocean Tomo (James E. Malackowski) was retained by ArcelorMittal to provide opinions regarding the economic prong of the Domestic Industry (“DI”) requirement under Section 337. Ocean Tomo provided a comprehensive approach to the DI inquiry, beginning with assistance related to gathering key discovery and documents, interviewing ArcelorMittal personnel, and touring multiple ArcelorMittal facilities.  Ocean Tomo quantified ArcelorMittal’s investments in plant, equipment, labor, and capital for the manufacture of the DI Precursor Products and the manufacture of the DI Direct Products, which involved understanding a complex and multifaceted supply chain for the accused products.  Ocean Tomo also presented detailed calculations and qualitative economic evidence establishing that such investments were related to and added significant value to the accused products.

The Administrative Law Judge (ALJ) reviewed the methods Ocean Tomo and ArcelorMittal relied upon to demonstrate economic DI. Consistent with Mr. Malackowski’s opinions, the ALJ found that “ArcelorMittal satisfies the economic prong of the domestic industry requirement.