Legal Opinion

Brother Industries (USA), Inc. v. United States

United States Court of International Trade

Decided November 30, 1992No. Court No. 91-11-00794Published

1Opinion of the Court

Opinion

Restani, Judge:

Brother Industries (USA), Inc. (“BIUSA”) seeks enforcement of the court’s judgment of September 3,1992, which requires the Department of Commerce to proceed with the next step of its investigation; that is, to determine whether an antidumping petition has been filed on behalf of the relevant domestic industry, and if so, to proceed with the remainder of the investigation.

The starting point of analysis is the presumption that appealed judgments of this court must be complied with upon expiration of thirty days from entry, unless a stay is granted pending appeal or a…

2Cases cited4 opinions

  1. Melamine Chemicals, Inc. v. The United StatesCourt of Appeals for the Federal Circuit · 1984
  2. Smith Corona Corp. v. United StatesCourt of Appeals for the Federal Circuit · 1990
  3. The Timken Company v. The United States, and China National MacHinery and Equipment Import and Export CorporationCourt of Appeals for the Federal Circuit · 1990
  4. Badger-Powhatan, a Division of Figgie International, Inc. v. United StatesUnited States Court of International Trade · 1986

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