UNITED STATES v. WATSON

Appeal No. 79-17.

603 F.2d 192 (1979)

The UNITED STATES, Petitioner, v. James L. WATSON, Judge, United States Customs Court, Respondent; Michelin Tire Corporation, Respondent-Party-In-Interest.

United States Court of Customs and Patent Appeals.

July 26, 1979.


Attorney(s) appearing for the Case

Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C., David M. Cohen, Joseph I. Liebman, Sidney N. Weiss, New York City, for the United States.

Paul Windels, Jr., John Y. Taggart, New York City, attorneys of record, for appellee; Windels, Marx, Davies & Ives, New York City, of counsel.

Before MARKEY, Chief Judge, RICH, BALDWIN and MILLER, Associate Judges, and LUMBARD, Circuit Judge.


MARKEY, Chief Judge.

The importer, Michelin Tire Corporation (Michelin) challenged a Treasury Department decision to assess countervailing duties against X-radial steel belted tires manufactured by Michelin Tire Manufacturing Company of Canada, Ltd. (Michelin of Canada).

The Government here seeks writs of mandamus and prohibition, (1) requiring the Customs Court to limit its review of the decision to the administrative record and (2) prohibiting the conduct...

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