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EAST CHILLIWACK FRUIT GROWERS CO-OP. v. U.S.

Court No. 85-07-00978.

655 F.Supp. 499 (1987)

EAST CHILLIWACK FRUIT GROWERS CO-OPERATIVE, Plaintiff, v. UNITED STATES, United States Department of Commerce, and Malcolm Baldridge, in his Official Capacity as Secretary of Commerce, Defendants, and Washington Red Raspberry Commission, Red Raspberry Committee of the Oregon Caneberry Commission, Red Raspberry Committee of the Northwest Food Processors Association, Red Raspberry Member Group of the American Frozen Food Institute, Washington Red Raspberry Growers Association, North Willamette Horticultural Society, Rader Farms, Ron Roberts, and Shuksan Frozen Foods, Inc., Intervenor-Defendants.

United States Court of International Trade.

February 13, 1987.

Attorney(s) appearing for the Case

Bogle & Gates, Joel R. Junker, Christopher N. Weiss and Peter L. Miller, Seattle, Wash., for plaintiff.

Richard K. Willard, Asst. Atty. Gen.; David M. Cohen, Director, Commercial Litigation Branch, Civ. Div., U.S. Dept. of Justice, J. Kevin Horgan; and Office of Asst. General Counsel for Import Admin., U.S. Dept. of Commerce, Eileen P. Shannon, Washington, D.C., for defendants.

Kilpatrick & Cody, Joseph W. Dorn and Anthony H. Anikeeff, Washington, D.C., for the intervenor-defendants.

OPINION & ORDER

AQUILINO, Judge:

As a result of its final determination of sales at less than fair value in Red Raspberries from Canada, 50 Fed.Reg. 19,768 (May 10, 1985), the International Trade Administration, U.S. Department of Commerce ("ITA") directed the Customs Service to continue to suspend liquidation of involved entries of raspberries by the plaintiff cooperative, which is an association of growers of fruits and vegetables in British...

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