Diamond Tool Research Co. v. United States

DISSENTING OPINION

Donlon, Judge:

I do not agree with my learned colleagues in their decision that plaintiff has not made a frima facie showing, at least, of its qualification as one who is authorized to file this protest under section 516(b). The issue as to qualification is well and succinctly stated by defendant, who is the protagonist of that issue, in its brief as follows:

1. Plaintiff has made no frima facie showing that it qualifies as a manufacturer of merchandise of the class or kind in issue.

2. Plaintiff has made no frima facie showing that it qualifies as a producer of merchandise of…