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ASG INDUSTRIES, INC. v. UNITED STATES

C.D. 4788; Court No. 76-3-00642.

467 F.Supp. 1195 (1979)

ASG INDUSTRIES, INC., PPG Industries, Inc., Libbey-Owens-Ford Company, and C E Glass v. UNITED STATES.

United States Customs Court.

February 6, 1979.

Attorney(s) appearing for the Case

Stewart & Ikenson, Washington, D. C. (Eugene L. Stewart and Frederick L. Ikenson, Washington, D. C., of counsel), for plaintiffs.

Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C., David M. Cohen, Chief, Customs Section, New York City, Joseph I. Liebman, John J. Mahon and Sidney N. Weiss, Trial Attys., New York City, for defendant.

Pilkington Brothers, Limited, amicus curiae (Charles W. Smith, Atty.; Morgan, Lewis & Bockius, Washington, D. C., of counsel), as amicus curiae.

LANDIS, Judge:

This case raises the question of whether various forms of government financed regional development programs instituted by Great Britain come within the provisions of section 303(a) of the Tariff Act of 1930, as amended by section 331(a) of the Trade Act of 1974.1 The statute provides:

(1) Whenever any country * * * shall pay or bestow, directly or indirectly, any bounty or grant upon the manufacture or production...

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