787 F.Supp. 224 (CIT. 1992), 89-07-00399, Bando Chemical Industries, Ltd. v. United States

Docket Nº:Nos. 89-07-00399, 89-07-00430.
Citation:787 F.Supp. 224
Party Name:BANDO CHEMICAL INDUSTRIES, LTD. and Bando American Inc., Plaintiffs, v. UNITED STATES, Defendant. PIRELLI TRASMISSIONI INDUSTRIALI, S.P.A. and Pirelli Industrial Products Corporation, Plaintiffs, v. The UNITED STATES, Defendant.
Case Date:March 05, 1992
Court:Court of International Trade
 
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Page 224

787 F.Supp. 224 (CIT. 1992)

BANDO CHEMICAL INDUSTRIES, LTD. and Bando American Inc., Plaintiffs,

v.

UNITED STATES, Defendant.

PIRELLI TRASMISSIONI INDUSTRIALI, S.P.A. and Pirelli Industrial Products Corporation, Plaintiffs,

v.

The UNITED STATES, Defendant.

Nos. 89-07-00399, 89-07-00430.

United States Court of International Trade.

March 5, 1992

Gibson, Dunn & Crutcher, Joseph H. Price, Donald Harrison, Naoyuki Agawa and Sharon T. Maier, Washington, D.C., for plaintiffs Bando Chemical Industries, Ltd. and Bando American Inc.

Barnes, Richardson & Colburn, Matthew T. McGrath and Peter L. Sultan, New York City, for plaintiffs Pirelli Trasmissioni Industriali, S.p.A. and Pirelli Industrial Products Corp.

Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director, Commercial Litigation Branch, Civil Div., U.S. Dept. of Justice, Washington, D.C., M. Martha Ries, Seattle, Wash., for defendant.

Office of the Gen. Counsel, U.S. International Trade Com'n, Lyn M. Schlitt, James A. Toupin and George Thompson, for defendant.

Stewart and Stewart, Eugene L. Stewart, Terence P. Stewart, James R. Cannon, Jr., Jessica Wasserman and Patrick J. McDonough and James E. Nelson, Gates Rubber Co., of counsel, for intervenor-defendant.

MEMORANDUM & ORDER

AQUILINO, Judge:

Before the court is a motion by the Bando plaintiffs for judgment on the records (1) of the U.S. International Trade Commission ("ITC") declaring unlawful its final affirmative determination sub nom. Industrial Belts from Israel, Italy, Japan, Singapore, South Korea, Taiwan, The United Kingdom, and West Germany, 54 Fed.Reg. 24,430 (June 7, 1989), in regard to Japan and (2) of the International Trade Administration, U.S. Department of Commerce ("ITA") revoking or otherwise revising its Antidumping Duty Order of Sales at Less Than Fair Value; Industrial Belts and Components and Parts Thereof, Whether Cured or Uncured, From Japan, 54 Fed.Reg. 25,314 (June 14, 1989).

On their part, the plaintiffs Pirelli have interposed a motion for partial summary judgment, reversing the aforesaid final determination of the ITC with respect to the indicated merchandise from Italy. They state in their brief, note 1 that they also seek review of the antidumping-duty order against them 1 but

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are now moving for partial summary judgment with respect to only the Commission's determination as detailed in Count 1 of the Complaint. If plaintiffs' challenge to the Commission's determination [16 C.I.T. 134] is successful, and that determination is reversed, the ITA's antidumping duty order will be rescinded and review of the ITA's action will be unnecessary.

This stated approach is in obvious accord with orderly procedure. Cf. Roses, Inc. v. United States, 13 CIT 1012, 1989 WL 154270 (1989). Indeed, plaintiffs' motions focus on the determination of but one member of the ITC, who concluded that material injury did not exist but that the domestic industries producing V-type and synchronous-type power-transmission belts are threatened with such injury by reason of imports from Italy and Japan found by the ITA to be sold in the United States at less than fair value and also that the domestic industry producing all other types of power-transmission belts is threatened with material injury by reason of imports from Japan found by the ITA to be sold at less than fair value. 2

In making such a determination of threat of material injury, a commissioner shall consider, among other relevant economic factors:

(II) any increase in production capacity or...

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