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ROYAL BUSINESS MACHINES, INC. v. UNITED STATES

Appeal No. 81-12.

669 F.2d 692 (1982)

ROYAL BUSINESS MACHINES, INC., Appellant, v. The UNITED STATES; Philip M. Klutznick, Secretary of Commerce; Robert E. Herzstein, Under Secretary of Commerce for International Trade, Department of Commerce; Robert E. Chasen, Commissioner of Customs; and John E. Brady, District Director of Customs, Los Angeles, California, Appellees. Smith-Corona Group, Consumer Products Division, SMC Corporation, Intervenor.

United States Court of Customs and Patent Appeals.

January 21, 1982.

Attorney(s) appearing for the Case

Michael S. O'Rourke, Patrick D. Gill, New York City, for appellant.

Stuart E. Schiffer, Acting Asst. Atty. Gen., David M. Cohen, Washington, D. C., Director, Velta A. Melnbrencis, New York City, for appellees.

Eugene L. Stewart, Terence P. Stewart, Washington, D. C., Edwin Silverstone, New York City, for intervenor.

Before MARKEY, Chief Judge, RICH, BALDWIN, MILLER and NIES, Judges.

MILLER, Judge.

This appeal is from a judgment of the United States Court of International Trade, 1 CIT ___, 507 F.Supp. 1007 (1980), dismissing appellant's action for a writ of mandamus to compel the Customs Service to liquidate certain entries without imposition of antidumping duties. The basis for the action was that the imported merchandise was not within the scope of the antidumping duty order that described the merchandise...

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