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E.I. DU PONT DE NEMOURS & COMPANY v. U.S.

Slip. Op. 98-46. Court No. 97-01-00055.

8 F.Supp.2d 854 (1998)

E.I. DU PONT DE NEMOURS & COMPANY, Plaintiff, v. UNITED STATES of America, Defendant, Air Products and Chemicals, Inc., Defendant-Intervenor.

United States Court of International Trade.

April 15, 1998.

Attorney(s) appearing for the Case

Crowell & Moring LLP (Barry E. Cohen, Matthew Tuchband), Washington, DC, for Plaintiff.

Frank W. Hunger, Assistant Attorney General of the United States, David M. Cohen, Director, Commercial Litigation Branch, Civil Division, United States Department of Justice; Velta A. Melnbrencis, Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice; Of Counsel, Linda A. Andros, Attorney-Advisor, Office of Chief Counsel for Import Administration, United States Department of Commerce, Washington, DC, for Defendant.

Ellis & Aeschliman (David R. Busam) and Wickens & Lebow (Edward M. Lebow), Washington, DC, for Defendant-Intervenor.

OPINION

POGUE, Judge.

This case is before the Court on Plaintiff's, E.I. DuPont de Nemours & Company ("DuPont"), motion for judgment upon the agency record pursuant to USCIT R. 56.2. The Plaintiff challenges the Department of Commerce ("Commerce") determination that polyvinyl alcohol ("PVA") produced in Taiwan from DuPont's own U.S.-origin materials is foreign merchandise within the scope of the antidumping duty order, entitled Polyvinyl Alcohol From...

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