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TOSHIBA CORP. v. U.S. DEPT. OF COMMERCE

No. 90-08-00441.

770 F.Supp. 660 (1991)

TOSHIBA CORPORATION and Toshiba America Information Systems, Inc., Plaintiffs, v. UNITED STATES DEPARTMENT OF COMMERCE, Defendant, and American Telephone and Telegraph Co., Defendant-Intervenor.

United States Court of International Trade.

July 31, 1991.

Attorney(s) appearing for the Case

Mudge, Rose, Guthrie & Ferdon, Jeffrey S. Neeley and N. David Palmeter, Washington, D.C., for plaintiffs.

Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director, Commercial Litigation Branch, Civil Div., U.S. Dept. of Justice, A. David Lafer, Tina M. Stikas, Office of Chief Counsel for Import Administration, U.S. Dept. of Commerce, of counsel, Washington, D.C., for defendant.

Covington & Burling, Harvey M. Applebaum, O. Thomas Johnson, Jr., Sonya D. Winner and Susan L. Burke, Washington, D.C., for defendant-intervenor.

OPINION

RESTANI, Judge:

Plaintiffs, producers and importers of small business telephone systems from Japan ("Toshiba"), challenge a scope ruling by the United States Department of Commerce ("Commerce") issued on July 27, 1990. Doc. 21. Specifically, Toshiba contests the part of the ruling in which Commerce found that Toshiba's 6000 series and 6500 series telephone sets are not "dual-use subassemblies" and, therefore, fall within the scope of Certain Small...

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