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AVESTA SHEFFIELD, INC. v. U.S.

No. 93-01-00062.

838 F.Supp. 608 (1993)

AVESTA SHEFFIELD, INC., Bristol Metals, Inc., Damascus Tube Division, Damascus-Bishop Tube Co., Trent Tube Division of Crucible Materials Corporation, and the United Steelworkers of America (AFL-CIO/CLC), Plaintiffs, v. The UNITED STATES, Defendant, and Sammi Metal Products Co., Ltd., and Pusan Steel Pipe Co., Ltd., Defendant-Intervenors.

United States Court of International Trade.

November 18, 1993.

Attorney(s) appearing for the Case

Collier, Shannon, Rill & Scott, David A. Hartquist, Jeffrey S. Beckington, Kathleen W. Cannon and Mary T. Staley, Washington, DC, for plaintiffs.

Frank W. Hunger, Asst. Atty. Gen., David M. Cohen, Director, Commercial Litigation Branch, Civil Div., U.S. Dept. of Justice, Cynthia B. Schultz, Michelle K. Behaylo, Atty. Advisor, Office of the Chief Counsel for Import Admin., U.S. Dept. of Commerce, Washington, DC, of counsel, for defendant.

Morrison & Foerster, Donald B. Cameron, G. Brian Busey and Craig A. Lewis, Washington, DC, for defendant-intervenors.

OPINION

RESTANI, Judge:

Plaintiffs Avesta Sheffield, et al. ("Avesta"), move for judgment on the agency record, arguing that the United States Department of Commerce, International Trade Administration ("ITA") erred in its assessment of antidumping duties. The primary issues presented by this case are 1) whether a pass-through or "tracing" analysis is a condition for the grant of a duty drawback...

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