ASG Industries, Inc. v. United States

Rich, Judge.

THE APPEAL

This appeal is from an “order” of The United States Court of International Trade (formerly the United States Customs Court), dated April 24, 1981, which was accompanied by a memorandum of even date. The order was entered after a hearing, both parties filing briefs, on March 18, 1981, on remand of the case from this court pursuant to its decision in ASG Industries, Inc. v. United States, 67 CCPA 11, C.A.D. 1237, 610 F. 2d 770 (1979), which will be referred to as the “first appeal.” The hearing was limited to consideration of the Government’s motion to dismiss.

The basic…