TOYOTA MOTOR SALES, U.S.A., INC. v. U.S.

Slip Op. 96-95. Court No. 94-02-00106.

930 F.Supp. 636 (1996)

TOYOTA MOTOR SALES, U.S.A., INC., Plaintiff, v. UNITED STATES, Defendant, and Nacco Materials Handling Group, Inc., Independent Lift Truck Builders Union, International Association of Machinists and Aerospace Workers, International Union, Allied Industrial Workers of America (AFL-CIO), United Shop and Service Employees, Defendant-Intervenors.

United States Court of International Trade.

June 14, 1996.


Attorney(s) appearing for the Case

Dorsey & Whitney, Washington, DC (John B. Rehm, Munford Page Hall, II, and L. Daniel Mullaney), for plaintiff Toyota Motor Sales, U.S.A., Inc.

Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, Civil Division, Commercial Litigation Branch, United States Department of Justice (Michael S. Kane), Priya Alagiri, Attorney-Advisor, United States Department of Commerce, Washington, DC, for defendant.

Collier, Shannon, Rill & Scott, Washington, DC (Paul C. Rosenthal, Mary T. Staley, and David C. Smith, Jr.), for defendant-intervenors.


OPINION

CARMAN, Judge:

Plaintiff Toyota Motor Sales, U.S.A., Inc. ("plaintiff" or "TMS") has moved for judgment upon the agency record to contest certain aspects of the United States Department of Commerce's ("Commerce" or "Department") Certain Internal-Combustion Industrial Forklift Trucks From Japan, 59 Fed. Reg. 1374 (Dep't Comm.1994) (final results) (Final Results). The Court has jurisdiction over this matter pursuant to 28 U.S.C. §...

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