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NEC CORP. v. DEPARTMENT OF COMMERCE

Slip Op. 99-106. Court No. 99-07-00443.

74 F.Supp.2d 1302 (1999)

NEC CORPORATION and HNSX Supercomputers Inc., Plaintiffs, v. DEPARTMENT OF COMMERCE, Defendant, and Silicon Graphics, Inc., Defendant-Intervenor.

United States Court of International Trade.

October 8, 1999.

Attorney(s) appearing for the Case

Paul, Weiss, Rifkind, Wharton & Garrison, (Robert E. Montgomery, Jr., Terence J. Fortune, Matthew Chavez, Heather Keele), for plaintiffs.

David W. Ogden, Acting Assistant Attorney General, David M. Cohen, Director, Commercial Litigation Branch, Civil Division, Department of Justice, (Lucius B. Lau), Patrick V. Gallagher, Office of Chief Counsel for Import Administration, Department of Commerce, of counsel, for defendant.

Wilmer, Cutler & Pickering, (John D. Greenwald, Charles S. Levy, Sophie Moonen), for defendant-intervenors.

OPINION

BARZILAY, Judge.

I. INTRODUCTION

This case was brought by Plaintiffs NEC and HNSX pursuant to 28 U.S.C. § 1581(c) (1994) and 19 U.S.C. § 1516a(a)(2)(B)(vi) (1994), to contest a determination of the Department of Commerce ("Commerce") that their proposed importation of a SX-5 Series System supercomputer ("SX-5") was within the scope of an antidumping duty order issued on October 24...

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