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KERR-McGEE CHEMICAL CORP. v. U.S.

Court No. 89-05-00276.

741 F.Supp. 947 (1990)

KERR-McGEE CHEMICAL CORPORATION, Plaintiff, and Chemetals, Inc., Plaintiff-Intervenor, v. UNITED STATES, Defendant, and Tosoh Hellas, A.I.C., Defendant-Intervenor.

United States Court of International Trade.

June 28, 1990.

Attorney(s) appearing for the Case

Drinker Biddle & Reath, W.N. Harrell Smith, IV, Aryeh S. Friedman, Cynthia M. Lighty, for plaintiff Kerr-McGee Chemical Corp.

Squire, Sanders & Dempsey, Ritchie T. Thomas, William D. Kramer, Dana M. Stein, Miriam A. Bishop, for plaintiff-intervenor.

Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director, Commercial Litigation Branch, Civ. Div., U.S. Dept. of Justice, Jane E. Meehan, Lloyd M. Green, Gregory Shorin, Atty.-Advisor, Office of the Chief Counsel for Import Admin., U.S. Dept. of Commerce, for defendant.

Weil, Gotshal & Manges, A. Paul Victor, Jeffrey P. Bialos, Ethan S. Naftalin, for defendant-intervenor.

OPINION AND ORDER

RESTANI, Judge:

Plaintiffs move for judgment on the administrative record of Final Determination of Sales at Less Than Fair Value; Electrolytic Manganese Dioxide [EMD] from Greece, 54 Fed.Reg. 8,771 (1989) (Final Determination). In the case at hand ITA found sufficient above cost home market sales of merchandise similar to that under investigation to form a basis for calculating foreign market value (FMV) under 19 U.S.C. ...

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