808 F.2d 823 (Fed. Cir. 1986), 86-1251, Badger-Powhatan, A Div. of Figgie Intern., Inc. v. United States

Docket Nº:Appeal No. 86-1251.
Citation:808 F.2d 823
Party Name:BADGER-POWHATAN, A DIVISION OF FIGGIE INTERNATIONAL, INC., Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellee, and Rubinetterie A. Giacomini, S.P.A., Intervenor-Appellant.
Case Date:December 29, 1986
Court:United States Courts of Appeals, Court of Appeals for the Federal Circuit

Page 823

808 F.2d 823 (Fed. Cir. 1986)




UNITED STATES, Defendant-Appellee,


Rubinetterie A. Giacomini, S.P.A., Intervenor-Appellant.

Appeal No. 86-1251.

United States Court of Appeals, Federal Circuit

December 29, 1986

John Gurley, Klayman & Gurley, P.C., Washington, D.C., argued for intervenor-appellant. With him on the brief were Larry Klayman and Rachelle Lisa Cherol.

Velta A. Melnbrencis, U.S. Dept. of Justice, Washington, D.C., argued for defendant-appellee, U.S. With her on the brief were Richard K. Willard, Asst. Atty. Gen. and David M. Cohen, Director. Craig L. Jackson, Office of Deputy Chief Counsel for Import Admin., U.S. Dept. of Commerce, of counsel.

James R. Cannon, Jr., Stewart & Stewart, Washington, D.C., argued for plaintiff-appellee, Badger-Powhatan. With him on the brief were Eugene L. Stewart, Terence P. Stewart and Charles A. St. Charles. Robin R. Starr, Corporate Atty., Richmond, Va., of counsel.

Page 824

Before SMITH, Circuit Judge, COWEN, Senior Circuit Judge, and NEWMAN, Circuit Judge.


COWEN, Senior Circuit Judge.

Intervenor-appellant, Rubinetterie A. Giacomini, S.P.A. (Giacomini), appeals the United States Court of International Trade (trial court) decision that remanded the case back to the United States Department of Commerce International Trade Administration (ITA) for recalculation of the final antidumping determination on Giacomini's products. Giacomini contends that the original determination was correct and also asserts that a recalculation of the "less than fair value" (LTFV) margin is prohibited by statute. We dismiss this appeal for lack of jurisdiction.


Both Badger-Powhatan (Powhatan), plaintiff-appellee, and Giacomini, intervenor-appellant, manufacture certain brass fire protection products such as valves, nozzles, and connectors for use in fire protection systems. In response to the importation of the Giacomini products from Italy into the United States, Powhatan filed an antidumping petition with the ITA and with the United States International Trade Commission (ITC), pursuant to 19 U.S.C. Sec. 1673b. In Powhatan's January 1984 petition, seven products produced by the Italian company were identified as being sold in this country at "less than fair (market) value" (LTFV), and the petitioner alleged that sales of these products at the LTFV prices were damaging or causing material injury to certain United States industries.

In November 1984, the ITA published its final affirmative determination that the seven brass fire protection products were being sold at less than fair market value. The determination carried a weighted-average LTFV margin of 3.47 percent for these products. Following the signing of the final LTFV determination, the confidential versions of computer printouts containing LTFV margin calculations were disclosed to counsel for both Powhatan and Giacomini. After examining the data, counsel for the two companies...

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