D & L SUPPLY CO. v. U.S.

Slip Op. 98-45. Court No. 92-06-00424.

6 F.Supp.2d 914 (1998)

D & L SUPPLY CO. and Guangdong Metals & Minerals Import & Export Corporation; U.V. International, Sigma Corporation, Southern Star, Inc., City Pipe and Foundry, Inc., Long Beach Iron Works, Inc., and Overseas Trade Corporation, Plaintiffs, v. UNITED STATES, Defendant, Alhambra Foundry Inc., Allegheny Foundry Co., Bingham & Taylor Division, Virginia Industries, Inc., Charlotte Pipe & Foundry Co., East Jordan Iron Works, Inc., Lebaron Foundry Inc., Municipal Castings, Inc., Neenah Foundry Co., Opelika Foundry Co., Inc., Tyler Pipe Industries, Inc., U.S. Foundry & Manufacturing Co. and Vulcan Foundry, Inc., Defendant-Intervenors.

United States Court of International Trade.

April 14, 1998.


Attorney(s) appearing for the Case

Cameron & Hornbostel, LLP (Dennis James, Jr.), Washington, DC, for D & L.

White & Case (Walter J. Spak and Vincent Bowen), Washington, DC, for Sigma.

Frank W. Hunger, Assistant Attorney General; David M. Cohen, Director, Commercial Litigation Branch, Civil Division, U.S. Department of Justice (Henry R. Felix); of counsel: Stephen J. Powell, Chief Counsel for Import Administration, U.S. Department of Commerce (Jeffrey C. Lowe), Washington, DC, for defendant.

Collier, Shannon, Rill & Scott, PLLC (Paul C. Rosenthal, Robin H. Gilbert and Mary T. Staley), Washington, DC, for Petitioners.


OPINION

TSOUCALAS, Senior Judge.

On July 8, 1997, the Court remanded this matter to the Department of Commerce, International Trade Administration ("Commerce"). See D & L Supply Co. v. United States, 21 CIT ___, Slip Op. 97-91, 1997 WL 397523 (1997). The remand was ordered pursuant to the decision (May 8, 1997) and mandate (June 30, 1997) of the Court of Appeals for the Federal Circuit ("CAFC"), directing this Court to vacate its decision...

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