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CEMENTOS GUADALAJARA, S.A. v. U.S.

Nos. 88-1400, 88-1476, and 88-1502.

879 F.2d 847 (1989)

CEMENTOS GUADALAJARA, S.A., Cementos Portland Nacional, S.A., Cementos Veracruz, S.A., and Cementos Anahuac Del Golfo, S.A., Plaintiffs-Appellants, v. The UNITED STATES and Malcolm Baldridge, Secretary of Commerce, Defendants-Appellees. CEMENTOS ANAHUAC DEL GOLFO, S.A., Plaintiff-Appellee, Cementos De Chihuahua, S.A., Cementos Guadalajara, S.A. De C.V., Cementos Mexicanos, S.A. De C.V., Cementos Portland Nacional, S.A. De C.V. and Cementos Veracruz, S.A. De C.V., Plaintiffs, v. The UNITED STATES and William Verity, Secretary of Commerce, Defendants-Appellants, Gifford Hill & Company, Inc. and Kaiser Cement Corporation, Defendants.

United States Court of Appeals, Federal Circuit.

July 13, 1989.

Attorney(s) appearing for the Case

Joseph S. Kaplan, of Ross & Hardies, New York City, argued for plaintiffs-appellants and plaintiff-appellee. Of counsel was Andrew Jaxa-Debicki, of O'Connor & Hannan, Washington, D.C.

Velta A. Melnbrencis, of the Civil Div., Dept. of Justice, Washington, D.C., argued for defendants-appellees and defendants-appellants. With her on the brief were John R. Bolton, Asst. Atty. Gen., and David M. Cohen, Director. Of counsel were Robert H. Brumley, Deputy Gen. Counsel, Stephen J. Powell, Chief Counsel for Import Admin., and Craig L. Jackson, Attorney-Advisor, Office of the Chief Counsel for Import Administration, U.S. Dept. of Commerce.

Before RICH, NIES and NEWMAN, Circuit Judges.

PER CURIAM.

These appeals are from conflicting final judgments of the Court of International Trade in three actions brought by exporters of portland hydraulic cement and cement clinker from Mexico. In each of the three actions, the exporters challenged the authority of the United States to impose countervailing duties on Mexican cement entered during the later part of 1983 and in all of 1984. Although the actions were distinct (due to different dates of entry and...

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