TAK FAT TRADING COMPANY, Plaintiff,
v.
THE UNITED STATES, Defendant, and
The Coalition for Fair Preserved Mushroom Trade, Intervenor-Defendant.
United States Court of International Trade.https://leagle.com/images/logo.png
January 18, 2002.
January 18, 2002.
Attorney(s) appearing for the Case
Grunfeld, Desiderio, Lebowitz & Silverman LLP, New York City (Bruce M. Mitchell, Max F. Schutzman, Jeffrey S. Grimson and Mark E. Pardo) for the plaintiff.
Robert D. McCallum, Jr., Altanta, GA, Assistant Attorney General; David M. Cohen, Director, and Velta A. Melnbrencis, Assistant Director, Commercial Litigation Branch, Civil Division, U.S. Department of Justice; and Office of Chief Counsel for Import Administration, U.S. Department of Commerce (Myles S. Getlan, Washington, DC), of counsel, for the defendant.
Collier Shannon Scott, PLLC (Michael J. Coursey and Adam H. Gordon, Washington, DC) for the intervenor-defendant.
United States Court of International Trade.
Opinion
AQUILINO, Judge.
Congress has provided in 19 U.S.C. § 1330(a) that the United States International Trade Commission ("ITC") be composed of six members and in 19 U.S.C. § 1677(11) that, if the
Commissioners voting on a determination ... are evenly divided as to whether the determination should be affirmative or negative, the Commission shall be deemed to have made an affirmative...
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