NEC CORP. v. DEPARTMENT OF COMMERCE

Slip Op. 99-136. Court No. 97-11-01967.

83 F.Supp.2d 1339 (1999)

NEC CORPORATION and HNSX Supercomputers, Inc., and Fujitsu Limited and Fujitsu America, Inc. Plaintiffs, v. DEPARTMENT OF COMMERCE and U.S. International Trade Commission Defendants, Cray Research, Inc., Defendant-Intervenor.

United States Court of International Trade.

December 17, 1999.


Attorney(s) appearing for the Case

Paul, Weiss, Rifkind, Wharton, & Garrison, Washington, DC, (Robert E. Montgomery, Jr., Terence J. Fortune, David J. Weiler), for Plaintiffs NEC Corporation and HNSX Supercomputers, Inc.

Akin, Gump, Strauss, Hauer & Feld, L.L.P., Washington, DC (Warren E. Connelly, Steven G. Johnston), for Plaintiffs Fujitsu Limited and Fujitsu America, Inc.

Lyn M. Schlitt, General Counsel; James A. Toupin, Deputy General Counsel; Cynthia P. Johnson, Attorney, Office of General Counsel, U.S. International Trade Commission, Washington, DC, Counsel for Defendants Department of Commerce and U.S. International Trade Commission.

Wilmer, Cutler & Pickering, Washington, DC, (John D. Greenwald, Deirdre Maloney), for Defendant-Intervenor Cray Research, Inc.


OPINION

POGUE, Judge.

On December 15, 1998, the Court remanded this matter to the International Trade Commission ("Commission"). NEC Corp. v. DOC, 22 CIT ___, 36 F.Supp.2d 380 (1998) ("NEC I"). In particular, the Court ordered the Commission to reconsider its threat determination in order to further explain how the subject less-than-fair-value ("LTFV") imports themselves make a material contribution...

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