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BETHLEHEM STEEL CORP. v. U.S.

Court No. 89-07-00382.

718 F.Supp. 67 (1989)

BETHLEHEM STEEL CORPORATION, Plaintiff, v. UNITED STATES, Defendant, and The Algoma Steel Corporation, Limited, Defendant-Intervenor.

United States Court of International Trade.

July 21, 1989.

Attorney(s) appearing for the Case

Stewart and Stewart, Eugene L. Stewart, Terence P. Stewart, James R. Cannon and Elizabeth M. Seltzer, Washington, D.C., for plaintiff.

Stuart E. Schiffer, Acting Asst. Atty. Gen., David M. Cohen, Director, Commercial Litigation Branch, Civ. Div., U.S. Dept. of Justice (Velta A. Melnbrencis, on the brief and A. David Lafer at oral argument), U.S. Dept. of Commerce, Office of the Chief Counsel for Import Admin., and Tina Stikas, Washington, D.C., for defendant.

Dow, Lohnes & Albertson, William Silverman, Ryan Trainer, Douglas J. Heffner, R. Will Planert, Washington, D.C., and Bernice A. Browne, for defendant-intervenor.

DiCARLO, Judge:

Plaintiff seeks disclosure, under protective order, of verification exhibits submitted by a foreign producer in an ongoing antidumping investigation. The government and defendant-intervenor move pursuant to Rule 12(b) of the Rules of this Court to dismiss this action because it was prematurely filed.

The Court finds that the there was no "constructive denial" of the application for access to the verification exhibits because the time allowed...

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