744 F.Supp. 1177 (CIT. 1990), 87-12-01189, Trent Tube Div., Crucible Materials Corp. v. United States

Docket Nº:Court No. 87-12-01189.
Citation:744 F.Supp. 1177
Party Name:TRENT TUBE DIVISION, CRUCIBLE MATERIALS CORPORATION; Armco-Specialty Steel Division; Damascus Tubular Products; Allegheny Ludlum Corporation; Carpenter Technology Corporation; and United Steelworkers of America, AFL-CIO-CLC, Plaintiffs, v. UNITED STATES, Defendant, and Avesta Sandvik Tube AB and Avesta Stainless, Inc., Defendant-Intervenors.
Case Date:August 28, 1990
Court:Court of International Trade
 
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Page 1177

744 F.Supp. 1177 (CIT. 1990)

TRENT TUBE DIVISION, CRUCIBLE MATERIALS CORPORATION; Armco-Specialty Steel Division; Damascus Tubular Products; Allegheny Ludlum Corporation; Carpenter Technology Corporation; and United Steelworkers of America, AFL-CIO-CLC, Plaintiffs,

v.

UNITED STATES, Defendant,

and

Avesta Sandvik Tube AB and Avesta Stainless, Inc., Defendant-Intervenors.

Court No. 87-12-01189.

United States Court of International Trade.

Aug. 28, 1990

Page 1178

Collier, Shannon & Scott, David A. Hartquist, Kathleen Weaver Cannon and Nicholas D. Giordano, Washington, D.C., for plaintiffs.

Lyn M. Schlitt, Gen. Counsel, James A. Toupin, Asst. Gen. Counsel, Office of the Gen. Counsel, U.S. Intern. Trade Com'n, George Thompson and William T. Kane, Stuart M. Gerson, Asst. Atty. Gen., David A. Cohen, Director, Commercial Litigation Branch, Civ. Div., U.S. Dept. of Justice, M. Martha Ries and A. David Lafer, David Richardson, Atty.-Advisor, Office of the Chief Counsel for Intern. Trade, U.S. Dept. of Commerce, for defendant.

Freeman, Wasserman & Schneider, Jack Gumpert Wasserman, Bernard J. Babb and Patrick C. Reed, New York City, for defendant-intervenors.

OPINION

CARMAN, Judge:

This Court issued an order on August 22, 1990 denying plaintiffs' motions for dismissal and for a preliminary injunction. This opinion follows the issuance of that order and enunciates findings of fact and conclusions of law underlying the issuance of that order.

BACKGROUND

On August 15, 1990, plaintiffs, Trent Tube, et al., filed pursuant to Rule 7(e) an order to show cause why the remand decision in the instant case should not be immediately affirmed and the action summarily dismissed. In the remand decision, dated on August 6, 1990, the International Trade Commission (ITC) reversed its original determination and found that an industry in the United States was materially injured by reasons of imports of the subject merchandise that had been found by the Department of Commerce to have been sold in the United States at less than fair value. Simultaneously, plaintiffs filed pursuant to Rules 7(f) and 65(a) an application for a preliminary injunction, seeking (1) to enjoin liquidation of any and all entries of welded stainless steel pipe and tube from Sweden within the scope of the subject investigation of the instant case and (2) to require assessment of a cash...

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