PPG INDUSTRIES, INC. v. U.S.

No. 88-1175.

928 F.2d 1568 (1991)

PPG INDUSTRIES, INC., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee, Vitro Flotado, S.A. and Vidrio Plano de Mexico, S.A., Defendants.

United States Court of Appeals, Federal Circuit.

Rehearing Denied April 17, 1991.

Suggestion for Rehearing Declined May 20, 1991.


Attorney(s) appearing for the Case

Terence P. Stewart, Stewart & Stewart, Washington, D.C., argued for plaintiff-appellant. With him on the brief were Eugene L. Stewart, David Scott Nance and William A. Fennell.

A. David Lafer, Atty., Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for defendant-appellee. With him on the brief were John R. Bolton, Asst. Atty. Gen., David M. Cohen, Director and Velta A. Melnbrencis, Asst. Director. Also on the brief were Robert H. Brumley, Gen. Counsel, M. Jean Anderson, Chief Counsel for International Trade and Lisa B. Koteen, Acting Sr. Counsel for Policy, Office of the Gen. Counsel for International Trade, U.S. Dept. of Commerce, of counsel.

David A. Amerine, Brownstein Zeidman & Schomer, Washington, D.C., argued for defendants. With him on the brief was Irwin P. Altschuler.

Before NIES, Chief Judge, SMITH, Senior Circuit Judge, and MICHEL, Circuit Judge.


Suggestion for Rehearing In Banc Declined May 20, 1991.

NIES, Chief Judge.

This appeal is from the decision of the United States Court of International Trade in PPG Indus., Inc. v. United States, 11 CIT 344, 662 F.Supp. 258 (1987), upholding the determination of the International Trade Administration (ITA or agency) that unprocessed float glass from Mexico was not subject to countervailing duties under 19 U.S.C...

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