TOHO TITANIUM CO., LTD. v. U.S.

Court No. 85-1-00024.

693 F.Supp. 1191 (1988)

TOHO TITANIUM COMPANY, LTD., Plaintiff, v. The UNITED STATES, the United States Department of Commerce, and the United States International Trade Commission, Defendants, and RMI Company and Titanium Metals Corporation of America, Intervenors.

United States Court of International Trade.

Decided August 24, 1988.


Attorney(s) appearing for the Case

Graham & James, Denis H. Oyakawa, James H. Broderick, Jr. and Patrick J. Fields, Los Angeles, Cal., for plaintiff.

John R. Bolton, Asst. Atty. Gen., David M. Cohen, Director, Commercial Litigation Branch, Civ. Div., U.S. Dept. of Justice, Sheila N. Ziff, Lisa B. Koteen, Office of the Deputy Chief Counsel for Import Admin., U.S. Dept. of Commerce, Washington, D.C., for defendants.

Wilmer, Cutler & Pickering, A. Douglas Melamed, John D. Greenwald and Deborah M. Levy, Washington, D.C., John F. Hornbostel, Jr., RMI Co., Niles, Ohio, for intervenor RMI Co.

Pillsbury, Madison & Sutro, Donald E. deKieffer and Francis J. Sailer, Washington, D.C.; Frederick W. Steinberg, Titanium Metals Corp. of America, Pittsburgh, Pa., for intervenor Titanium Metals Corp. of America.


DiCARLO, Judge:

This action is before the Court following a second remand to the International Trade Administration of the United States Department of Commerce (Commerce). The Court now affirms Commerce's use of constructed value, rather than home market sales, as the foreign market value that was compared to the United States price to determine that Japanese titanium sponge is sold in the United States at less than fair value.

BACKGROUND

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