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SMITH CORONA CORP. v. U.S.

Court No. 91-09-00717.

802 F.Supp. 467 (1992)

SMITH CORONA CORPORATION, Plaintiff, v. The UNITED STATES, Defendant, and Canon Inc., Canon U.S.A. Inc., Canon Business Machines, Inc., Brother Industries, Ltd., Brother International Corp., Brother Industries (USA), Inc., Matsushita Electric Industrial Co., Ltd., Kyushu Matsushita Electric Co., Ltd., Matsushita Electronic Components Co., Ltd., Panasonic Company, Panasonic Communication and Systems Company, and Panasonic Industrial Company, Unincorporated Divisions of Matsushita Electric Corporation of America, Defendant-Intervenors.

United States Court of International Trade.

September 23, 1992.

Attorney(s) appearing for the Case

Stewart & Stewart, Eugene L. Stewart, Terence P. Stewart, James R. Cannon, Jr. and Robert A. Weaver, Washington, D.C., for plaintiff.

Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director, Commercial Litigation Branch, Civil Div., U.S. Dept. of Justice (Marc E. Montalbine), Jeffery C. Lowe, Office of the Chief Counsel for Import Admin., U.S. Dept. of Commerce, Washington, D.C., of counsel, for defendant.

Covington & Burling, Harvey M. Applebaum, Sonya D. Winner, David R. Grace and Thomas O. Barnett, Washington, D.C., for defendant-intervenor Canon Inc.

Tanaka Ritger & Middleton, H. William Tanaka and Patrick F. O'Leary, Washington, D.C., for defendant-intervenor Brother Industries.

Weil, Gotshal & Manges, Jeffrey P. Bialos, Angela J. Paolini Ellard and Martin S. Applebaum, Washington, D.C., for defendant-intervenor Matsushita.

OPINION

RESTANI, Judge:

This matter was remanded for the sole purpose of determining whether any adjustments were warranted to the rate of 150.60% which ITA previously had found was a viable rate to use as best information available ("BIA") for respondents Brother Industries, Ltd. and Kyushu Matsushita. The court determined Commerce's other reasons for rejecting the rate were legally infirm. See Smith Corona Corp. v. United States, 16 CIT ___,

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