Bethlehem Steel Corp. v. United States

DiCarlo, Judge:

Plaintiff seeks disclosure under protective order, of verification exhibits submitted by a foreign producer in an ongoing antidumping investigation. The government and defendant-in-tervenor move pursuant to Rule 120b) of the Rules of this Court to dismiss this action because it was prematurely filed.

The Court finds that the there was no "constructive denial” of the application for access to the verification exhibits because the time allowed Commerce to determine whether to grant the application had not yet expired. One business day after plaintiff filed this action, Commerce…