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NEC CORP. v. U.S. DEPT. OF COMMERCE

Slip Op. 97-117. Court No. 96-10-02360.

978 F.Supp. 314 (1997)

NEC CORPORATION and HNSX Supercomputers, Inc., Plaintiffs, v. UNITED STATES DEPARTMENT OF COMMERCE, et al., Defendants, Cray Research, Inc., Defendant-Intervenor.

United States Court of International Trade.

August 20, 1997.

Attorney(s) appearing for the Case

Paul, Weiss, Rifkind, Wharton & Garrison, Washington, DC (Robert E. Montgomery, Jr., Terence J. Fortune, Robert P. Parker, David J. Weiler, Swati Agrawal), for Plaintiffs.

Frank W. Hunger, Assistant Attorney General; David M. Cohen, Director; Sharon Y. Eubanks, Deputy Director, A. David Lafer, Attorney, Jeffrey M. Telep, Attorney, U.S. Department of Justice, Civil Division, Commercial Litigation Branch; Patrick V. Gallagher, Attorney-Advisor, Lucius B. Lau, Attorney-Advisor, Office of the Chief Counsel for Import Administration, U.S. Department of Commerce, of counsel, Washington, DC, for Defendant.

Wilmer, Cutler & Pickering, Washington, DC (John D. Greenwald, Michael L. Burack, Charles S. Levy, Brigida Benitez, Stuart M. Weiser), for Defendant-Intervenor.

OPINION

POGUE, Judge.

Plaintiffs NEC Corp. and HNSX Supercomputers, Inc. (collectively, "NEC") commenced this action to enjoin the United States Department of Commerce ("Commerce") from conducting an antidumping investigation of Vector Supercomputers from Japan. NEC claims that Commerce prejudged the investigation.

Defendant moved to dismiss NEC's complaint for lack of jurisdiction and for failure to state a claim. See USCIT Rs. 12...

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