Legal Opinion

NEC Corp. v. U.S. Department of Commerce

United States Court of International Trade

Decided August 20, 1997No. Court No. 96-10-02360PublishedCited by 11 opinions

1Opinion of the Court

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 anti-dumping 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. 12b(l) and (5). The Court denied Defendant’s motion and entered an expedited trial schedule, with the intent to consolidate the preliminary injunction hearing with the…

2Cases cited32 opinions

  1. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  2. Withrow v. LarkinSupreme Court of the United States · 1975
  3. McCarthy v. MadiganSupreme Court of the United States · 1992
  4. Gibson v. BerryhillSupreme Court of the United States · 1973
  5. United States v. MorganSupreme Court of the United States · 1941

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3Cited by11 opinions

  1. Coalition for the Preservation of American Brake Drum & Rotor Aftermarket Manufacturers v. United StatesUnited States Court of International Trade · 1999
  2. Fujian MacHinery & Equipment Import & Export Corp. v. United StatesUnited States Court of International Trade · 2001
  3. Hontex Enterprises, Inc. v. United StatesUnited States Court of International Trade · 2003
  4. Nippon Steel Corp. v. United StatesUnited States Court of International Trade · 2001
  5. Elkem Metals Co. v. United StatesUnited States Court of International Trade · 2002

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