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MATSUSHITA ELEC. INDUS. CO., LTD. v. U.S.

No. 88-1463.

861 F.2d 257 (1988)

MATSUSHITA ELECTRIC INDUSTRIAL CO., LTD., Matsushita Electric Corporation of America, Panasonic Hawaii, Inc., Matsushita Electric of Puerto Rico, Inc., Victor Company of Japan, Ltd., and US JVC Corp., Plaintiffs-Appellants, v. The UNITED STATES; Department of Commerce; Malcolm T. Baldridge, Secretary of Commerce; Bruce Smart, Under Secretary of Commerce; Paul Freedenberg, Assistant Secretary of Commerce For Trade Administration; Gilbert B. Kaplan, Deputy Assistant Secretary of Commerce for Import Administration, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

November 10, 1988.

Attorney(s) appearing for the Case

A. Paul Victor, Weil, Gotshal & Manges, New York City, argued for plaintiffs-appellants. With him on the brief were Stuart M. Rosen, Philip A. Byler and Perry A. Carbone.

Jeanne E. Davidson, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for defendants-appellees. With her on the brief were John R. Bolton, Asst. Atty. Gen. and David M. Cohen, Director. Also on the brief were Robert H. Brumley, General Counsel, Stephen J. Powell, Chief Counsel for Import Admin. and John D. McInerney, Atty.-Advisor, Office of the Chief Counsel for Import Admin., U.S. Dept. of Commerce, of counsel.

Before MARKEY, Chief Judge, and FRIEDMAN and NEWMAN, Circuit Judges.

FRIEDMAN, Circuit Judge.

This is an appeal by Matsushita Electrical Industrial Company, et al. (Matsushita) from a portion of a memorandum opinion and order of the Court of International Trade that (1) held that the Department of Commerce (Commerce) has discretion to conduct a particular update review prior to making its final determination on whether to revoke a "dumping" finding, and (2) dismissed as unripe for review a challenge to Commerce's proposal to...

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