Legal Opinion

Duracell, Inc. v. U.S. International Trade Commission

Court of Appeals for the Federal Circuit

Decided December 9, 1985No. Appeal 85-2072PublishedCited by 5 opinions

1Opinion of the Court

EDWARD S. SMITH, Circuit Judge.

Appellant Duracell, Inc. (Duracell), challenges the President’s disapproval of a determination, under 19 U.S.C. § 1337 (1982), of the United States International Trade Commission (Commission). The Commission has moved to dismiss this appeal (1) for lack of a final determination which is appealable to this court pursuant to 19 U.S.C. § 1337 and under the grant of jurisdiction in 28 U.S.C. § 1295(a)(6), and (2) for lack of jurisdiction of this court to review the President’s disapproval. We grant the motion and dismiss the appeal for lack of jurisdiction.

Issues

The…

2Cases cited4 opinions

  1. The Young Engineers, Inc., (Aka Tye or Tye, Inc.,) v. United States International Trade CommissionCourt of Appeals for the Federal Circuit · 1983
  2. Florsheim Shoe Company, Div. Of Interco, Inc. v. The United StatesCourt of Appeals for the Federal Circuit · 1984
  3. South Puerto Rico Sugar Company Trading Corporation v. The United StatesUnited States Court of Claims · 1964
  4. American Ass'n of Exporters & Importers-Textile & Apparel Group v. United StatesCourt of Appeals for the Federal Circuit · 1985

3Cited by5 opinions

  1. Viscofan, S.A. v. U.S. International Trade Commission, Union Carbide Corporation, and Teepak, Inc.Court of Appeals for the Federal Circuit · 1986
  2. Springfield Industries Corporation v. The United StatesCourt of Appeals for the Federal Circuit · 1988
  3. Allied Corp. v. United States International Trade CommissionCourt of Appeals for the Federal Circuit · 1986
  4. Allied Corporation v. United States International Trade CommissionCourt of Appeals for the Federal Circuit · 1986
  5. Presidential Discretion to Delay Making Determinations Under the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991, Department of Justice Office of Legal Counsel1995

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