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BMT COMMODITY CORP. v. U.S.

Court No. 85-7-00915.

667 F.Supp. 880 (1987)

BMT COMMODITY CORP., and Delca Distributors, Inc., Plaintiffs, v. UNITED STATES and United States International Trade Commission, Defendants, and Codfish Corp., Defendant-Intervenor.

United States Court of International Trade.

July 22, 1987.

Attorney(s) appearing for the Case

Freeman, Wasserman & Schneider, Jack G. Wasserman, New York City, for plaintiffs.

Lyn M. Schlitt, General Counsel, Michael P. Mabile, Asst. General Counsel and Judith M. Czako, U.S. Intern. Trade Com'n, Washington, D.C., for defendants.

Patton, Boggs & Blow, Bart S. Fisher and Michael D. Esch, Washington, D.C., for defendant-intervenor.

OPINION

RESTANI, Judge:

Plaintiffs initiated this action to challenge the International Trade Commission's (Commission) final affirmative dumping determination in Certain Dried Salted Codfish from Canada, Inv. No. 731-TA-199, USITC Pub. No. 1711.1 In its determination, the Commission concluded that "the establishment of an industry in the United States is materially retarded by reason of imports of dried heavy salted codfish...

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