American Permac, Inc. v. US, Court No. 85-01-00050.
Decision Date | 14 June 1989 |
Docket Number | Court No. 85-01-00050. |
Citation | 13 Ct. Int'l Trade 487,714 F. Supp. 1244 |
Parties | AMERICAN PERMAC, INC., Boewe System & Machinery, Inc., and Boewe Maschinenfabrik, GmbH, Plaintiffs, v. The UNITED STATES, Defendant. |
Court | U.S. Court of International Trade |
Barnes, Richardson & Colburn (Rufus E. Jarman, Jr., New York City, and Sandra Liss Friedman, Omaha, Neb.), for plaintiffs.
Stuart E. Schiffer, Acting Asst. Atty. Gen., David M. Cohen, Director, Commercial Litigation Branch, Washington, D.C. (Velta A. Melnbrencis, New York City), for defendant.
In American Permac v. U.S., CIT, 703 F.Supp. 97, December 1, 1988, this Court remanded to the International Trade Administration ("ITA") the final results of the administrative review on dry cleaning machinery from West Germany (50 Fed.Reg. 1256, January 10, 1985). In these final results, the ITA had determined that plaintiff, a West German manufacturer of dry cleaning machinery, did not qualify for a level-of-trade adjustment.
On March 20, 1989, the ITA issued the Revised Final Results of Antidumping Duty Administrative Review Pursuant to Court Remand granting an adjustment for the difference in the levels-of-trade, which resulted in the reduction of the weighted-average dumping margins from 30.05 percent to 15.85 percent.
Plaintiffs are challenging the remand results alleging that the ITA failed to include in the calculation of the level-of-trade adjustment the additional retailing expenses of handling the traded-in used machinery, and that the ITA failed to account for the additional general and administrative expenses of retailing the merchandise. Plaintiffs allege that these expenses would not be incurred in home market sales to distributors.
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American Permac, Inc. v. US
...final results and the Court affirmed them in the third and last decision in Court No. 85-01-00050. American Permac, Inc. v. United States, 13 CIT 487, 488, 714 F.Supp. 1244, 1245 (1989). In the revised final results, Commerce granted plaintiffs a level of trade adjustment. This was the fina......
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American Permac, Inc. v. U.S.
...the case is dismissed or final judgment is entered"). On October 24, 1989, slightly more than two months after this Court's judgment in American Permac I became final, the Customs Information Exchange distributed instructions from Commerce to liquidate the entries covered by the administrat......