SMITH CORONA CORP. v. U.S.

Nos. 89-1387 to 89-1389 and 89-1398 to 89-1400.

915 F.2d 683 (1990)

SMITH CORONA CORPORATION, Plaintiff/Cross-Appellant, v. UNITED STATES, Defendant-Appellee, and Brother Industries, Ltd., Brother International Corp.; Nakajima All Co., Ltd.; Canon Inc. and Canon U.S.A., Inc.; Silver Seiko, Ltd., Silver Reed America, Inc.; Matsushita Electric Industrial Co., Ltd., Kyushu Matsushita Electric Industrial Co., Ltd., and Panasonic Company and Panasonic Industrial Company, divisions of Matsushita Electric Corporation of America, Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

Suggestion for Rehearing Denied December 6, 1990.


Attorney(s) appearing for the Case

Terence P. Stewart, Stewart & Stewart, Washington, D.C., argued for plaintiff/cross-appellant. With him on the brief were Eugene L. Stewart, James R. Cannon, Jr., John M. Breen and Lane S. Hurewitz.

Velta Melnbrencis, Asst. Director, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for defendant-appellee. With her on the brief were Stuart E. Schiffer, Acting Asst. Atty. Gen. and David M. Cohen, Director. Also on the brief were Wendell L. Willkie, II, Gen. Counsel, Stephen J. Powell, Chief Counsel for Import Admin. and Pamela Green, Attorney-Advisor, Office of the Chief Counsel for Import Admin., U.S. Dept. of Commerce, Washington, D.C., of counsel.

R. Sarah Compton, P.C., McDermott, Will & Emery, Washington, D.C., argued for defendants-appellants, Nakajima All Co., Ltd. With her on the brief was David J. Levine. Patrick F. O'Leary, Tanaka Ritger & Middleton, Washington, D.C., argued for defendants-appellants, Brother Industries, Ltd. and Brother International Corp. With him on the brief were H. William Tanaka and Alice Mattice. Also on the brief were Harvey M. Applebaum, David R. Grace, Covington & Burling, Washington, D.C., counsel for Canon Inc. and Canon U.S.A., Inc., Stuart M. Rosen, Karin M. Burke and A. Paul Victor, Weil, Gotshal & Manges, New York City, counsel for Matsushita Electric Indus. Co., Ltd., Panasonic Co. and Panasonic Indus. Co., divisions of Matsushita Elec. Corp. of America, Christopher A. Dunn, Zygmunt Jablonski and Sarah C. Middleton, Willkie, Farr & Gallagher, Washington, D.C., counsel for Silver Seiko, Ltd. and Silver Reed (U.S.A.), Inc.

Before NEWMAN, Circuit Judge, COWEN and BALDWIN, Senior Circuit Judges.


Suggestion for Rehearing In Banc Denied December 6, 1990.

PAULINE NEWMAN, Circuit Judge.

On this appeal taken by producers and importers of portable electric typewriters (PETs) with text memory, we affirm the decision of the Court of International Trade1 that these PETs are within the scope of the May 9, 1980 antidumping duty order issued by the United States Department of Commerce. On...

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