ZENITH ELECTRONICS CORP. v. U.S.

Nos. 92-1043 to 92-1046.

988 F.2d 1573 (1993)

ZENITH ELECTRONICS CORPORATION, Plaintiff-Appellee, v. The UNITED STATES, Defendant-Appellant, and Mitsubishi Electric Corporation and Mitsubishi Electronics America, Inc., Defendants-Appellants, and Fujitsu General Ltd., Defendant-Appellant, and NEC Corporation and NEC Technologies, Inc., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined April 29, 1993.


Attorney(s) appearing for the Case

Frederick L. Ikenson, of Frederick L. Ikenson, P.C., Washington, DC, argued for plaintiff-appellee. With him on the brief was J. Eric Nissley.

Robert E. Montgomery, Jr., Paul, Weiss, Rifkind, Wharton & Garrison, Washington, DC, argued for defendants-appellants, (NEC). With him on the brief was Frank J. Schuchat.

Kevin M. O'Brien, Baker & McKenzie, of Washington, DC, argued for defendants-appellants (Mitsubishi). With him on the brief was Thomas P. Ondeck.

David Newman, Siegel, Mandell & Davidson, P.C., New York City, argued for defendant-appellant, (Fujitsu). With him on the brief was Brian S. Goldstein.

John D. McInerey, Sr. Counsel, Office of the Chief Counsel for Import Admin., U.S. Dept. of Commerce, Washington, DC, argued for defendant-appellant (United States). With him on the brief were Stephen J. Powell, Chief Counsel for Import Admin. and D. Michael Kaye, Atty. Advisor. Also on the brief were Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director and Velta A. Melnbrencis, Asst. Director, Commercial Litigation Branch, Dept. of Justice, Washington, DC.

Paul D. Cullen, Jeffrey S. Beckington and David C. Smith, Collier, Shannon, Rill & Scott, Washington, DC, were on the brief for amicus curiae, AFL-CIO/CLC.

Before CLEVENGER, Circuit Judge, SKELTON, Senior Circuit Judge, and RADER, Circuit Judge.


Rehearing Denied; Suggestion for Rehearing In Banc Declined April 29, 1993.

RADER, Circuit Judge.

Zenith Electronics Corporation (Zenith), an American television manufacturer, initiated an antidumping complaint against its Japanese competitors. The United States Department of Commerce (Commerce) assessed dumping duties against those Japanese television manufacturers, Fujitsu General, Ltd., Mitsubishi Electric Corporation, and NEC Corporation. The Court of...

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