ICC INDUSTRIES, INC. v. UNITED STATES

Court No. 84-2-00252.

632 F.Supp. 36 (1986)

ICC INDUSTRIES, INC.; ICD Group, Inc., Plaintiffs, v. UNITED STATES, et al., Defendants.

United States Court of International Trade.

March 19, 1986.


Attorney(s) appearing for the Case

Brownstein Zeidman and Schomer (Steven P. Kersner and Donald S. Stein, Washington, D.C., of counsel), for plaintiffs.

Richard K. Willard, Asst. Atty. Gen., David M. Cohen, Dir., Commercial Litigation Branch (J. Kevin Horgan, attorney Commercial Litigation Branch), Berniece A. Browne, Sr. Trial Counsel, Office of the Asst. Gen. Counsel for Import Administration, Dept. of Commerce, Carol McCue Verratti, attorney, Office of the Gen. Counsel, U.S. International Trade Com'n, Washington, D.C., for defendants.


OPINION

WATSON, Judge.

This action challenges agency determinations1 which gave a retroactive effect to the imposition of antidumping duties on importations of potassium permanganate from the Peoples Republic of China (PRC). To achieve retroactive effect the Commerce Department had to make a final determination that "critical circumstances" existed under the terms of 19 U.S.C. § 1673d(a)(3)2...

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