McKECHNIE BROS.(NZ) v. US Dept. of Commerce, Court No. 85-12-01859.
Decision Date | 18 April 1990 |
Docket Number | Court No. 85-12-01859. |
Citation | 735 F. Supp. 1066,14 CIT 269 |
Parties | McKECHNIE BROTHERS (N.Z.) LTD., Plaintiff, v. UNITED STATES DEPARTMENT OF COMMERCE, Defendant, and Cerro Metal Products, Intervenor-Defendant. |
Court | U.S. Court of International Trade |
Bronz & Farrell, Edward J. Farrell, Washington, D.C., for plaintiff.
Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director, Commercial Litigation Branch, Civil Div., U.S. Dept. of Justice, Washington, D.C., J. Kevin Horgan and Velta A. Melnbrencis, New York City, and Offices of the Deputy Chief and the Chief Counsel for Import Admin., U.S. Dept. of Commerce, M. Linda Concannon and Matthew Jaffe, Washington, D.C., of counsel, for defendant.
Collier, Shannon, Rill & Scott, David A. Hartquist and Jeffrey S. Beckington, Washington, D.C., for intervenor-defendant.
The plaintiff has interposed a motion for judgment on the record compiled by the International Trade Administration, U.S. Department of Commerce ("ITA") sub nom. Low Fuming Brazing Copper Rod and Wire from New Zealand; Final Determination of Sales at Less Than Fair Value, 50 Fed.Reg. 42,580 (Oct. 21, 1985). The defendant and the intervenor-defendant have filed papers in opposition to the motion, and the defendant has also filed a motion to dismiss this action as moot.
In reaching the affirmative final determination indicated, the ITA disagreed with the position of the respondent (now plaintiff) on two points, namely, whether to adjust for differences in level of trade and in quantities. On each, the agency reached a negative conclusion as follows:
No other points of contention between agency and respondent are indicated in the final administrative analysis, and no other points are raised by the plaintiff in this action.
Rather than buttress the plaintiff, the "business decision" referred to made this...
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