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BORLEM S.A.-EMPREEDIMENTOS INDUSTRIAIS v. U.S.

Court No. 87-06-00693.

710 F.Supp. 797 (1989)

BORLEM S.A.-EMPREEDIMENTOS INDUSTRIAIS and FNV-Veiculos E Equipamentos S.A., Plaintiffs, v. The UNITED STATES of America and U.S. International Trade Commission, Defendants, and The Budd Company, Defendant-Intervenor.

United States Court of International Trade.

March 22, 1989.

Attorney(s) appearing for the Case

Willkie, Farr & Gallagher, William H. Barringer, Arthur J. Lafave, III, argued the motion, and Daniel L. Porter, Washington, D.C., for plaintiff.

Lyn M. Schlitt, General Counsel, James A. Toupin, Asst. General Counsel, argued the motion, U.S. Intern. Trade Com'n, Timothy M. Reif, Washington, D.C., for defendants.

Barnes, Richardson & Colburn, James H. Lundquist, New York City, Matthew T. McGrath, both argued the motion, and Peter A. Martin, for defendant-intervenor.

OPINION

CARMAN, Judge:

Plaintiffs Borlem S.A.-Empreedimentos Industriais and FNV-Veiculos E Equipamentos S.A. (Borlem and FNV) move pursuant to Rule 1 of this Court for a remand to the defendant, the International Trade Commission (ITC or Commission), to permit the Commission to decide whether its affirmative threat of material injury determination in Tubeless Steel Disc Wheels From Brazil, 52 Fed.Reg. 17,487 (May 8, 1987) should be considered in...

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