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KEMET ELECTRONICS CORP. v. BARSHEFSKY

Slip Op. No. 97-115. Court No. 97-06-00930.

976 F.Supp. 1012 (1997)

KEMET ELECTRONICS CORPORATION, Vishay Intertechnology, Inc., Cornell Dubilier, Inc., Aerovox Corp., Barker Microfarad, Inc., collectively, Passive Electronics Coalition, Plaintiffs, v. Charlene BARSHEFSKY, United States Trade Representative, and George Weise, Commissioner of Customs, Defendants.

United States Court of International Trade.

August 19, 1997.

Attorney(s) appearing for the Case

Porter, Wright, Morris & Arthur (Richard M. Markus, David C. Tryon, Leslie A. Glick and Bart Fisher), Washington, DC, for plaintiffs.

Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, Commercial Litigation Branch, Civil Division, United States Department of Justice (Jeffrey M. Telep), Susan G. Esserman, General Counsel, and Hal Shapiro, Assistant General Counsel, Office of the United States Trade Representative, and Ellen Daly, Office of the Chief Counsel, United States Customs Service, of counsel, Washington, DC, for defendants.

Democratic Trade Counsel (Gregg Elias), Washington, DC, for Senator Ernest F. Hollings, amici curiae.

Dewey Ballantine (Alan Wm. Wolff, Michael H. Stein, and Elizabeth A.B. McMorrow), Washington, DC, for Semiconductor Industry Association, amici curiae.

Wilmer, Cutler & Pickering (John Greenwald), Washington, DC, for Information Technology Industry Council, amici curiae.

OPINION

RESTANI, Judge.

Plaintiffs Kemet Electronics Corp., et al. (collectively, "the Passive Electronics Coalition"), seek a preliminary injunction against defendants, United States Trade Representative Charlene Barshefsky ("USTR") and Commissioner of Customs George Weise, to enjoin the reduction and eventual elimination of tariffs on capacitors and resistors as part of the Information Technology Agreement ("Agreement") negotiated by the...

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