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CORNING GLASS WORKS v. U.S. INTERN. TRADE COM'N

Appeal No. 85-2632.

799 F.2d 1559 (1986)

CORNING GLASS WORKS, Appellant, v. UNITED STATES INTERNATIONAL TRADE COMMISSION, Appellee, Sumitomo Electric Industries, Ltd., Sumitomo Electric U.S.A., Inc., Intervenors.

United States Court of Appeals, Federal Circuit.

August 27, 1986.

Attorney(s) appearing for the Case

Kenneth B. Herman and Lars I. Kulleseid, of Fish & Neave, New York City, argued for appellant. With them on brief were Daniel M. Gantt and Thomas J. Vetter. Alfred L. Michaelsen, Corning Glass Works, Corning, N.Y., of counsel.

Wayne W. Herrington, Office of Gen. Counsel, Washington, D.C., argued for appellee. With him on brief were Lyn M. Schlitt, Gen. Counsel and Michael P. Mabile, Asst. Gen. Counsel.

Italo H. Ablondi of Ablondi & Foster, P.C., Washington, D.C., and George T. Mobille of Cushman, Darby & Cushman, Washington, D.C., argued for intervenors. With them on brief were F. David Foster and Sturgis M. Sobin of Ablondi & Foster, P.C. and Robert W. Adams of Cushman, Darby & Cushman.

Before NIES, BISSELL and ARCHER, Circuit Judges.

NIES, Circuit Judge.

Corning Glass Works appeals from the International Trade Commission's determination that the importation and sale of certain optical waveguide fibers manufactured in Japan by Sumitomo Electric Industries, Ltd. (SEI) and sold in the United States by Sumitomo Electric U.S.A., Inc. (SEUSA) (collectively Sumitomo) did not violate section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. § 1337 (1982).1 Although...

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