Bmt Commodity Corp. And Delca Distributors Inc. v. The United States, Codfish Corp.

Federal Circuit

Bmt Commodity Corp. And Delca Distributors Inc. v. The United States, Codfish Corp.

852 F.2d 1285, 1988 U.S. App. LEXIS 10737

CourtCourt of Appeals for the Federal Circuit

DecidedAugust 9, 1988

Docket18-1686

StatusPublished

Cited by5 cases

This text of 852 F.2d 1285 (Bmt Commodity Corp. And Delca Distributors Inc. v. The United States, Codfish Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Federal Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bmt Commodity Corp. And Delca Distributors Inc. v. The United States, Codfish Corp., 852 F.2d 1285, 1988 U.S. App. LEXIS 10737 (Fed. Cir. 1988).

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Opinion

PER CURIAM.

BMT Commodity Corporation (BMT) appeals from the judgment of the Court of International Trade in BMT Commodity Corp. v. United States, 667 F.Supp. 880 (Ct.Int’l Trade 1987) (Restani, J.). In this judgment the court sustained the International Trade Commission’s (Commission) decision “that ‘the establishment of an industry in the United States is materially retarded by reason of imports of dried heavy salted codfish from Canada, which the Department of Commerce has determined are sold at less than fair value.’ ” Id. at 881. BMT contests whether the Commission applied the proper legal standard, whether the Commission’s procedures were understood by the court, whether the Commission’s determination was supported by substantial evidence, and whether the Court of International Trade correctly ruled that plaintiffs should have contested adverse confidential evidence during the Commission’s proceedings.

We find no justifiable basis for overturning the decision of the trial court and we see no need to reiterate its published analysis, which we adopt. Accordingly, we affirm on the basis of that opinion.

AFFIRMED.

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PER CURIAM.

BMT Commodity Corporation (BMT) appeals from the judgment of the Court of International Trade in BMT Commodity Corp. v. United States, 667 F.Supp. 880 (Ct.Int’l Trade 1987) (Restani, J.). In this judgment the court sustained the International Trade Commission’s (Commission) decision “that ‘the establishment of an industry in the United States is materially retarded by reason of imports of dried heavy salted codfish from Canada, which the Department of Commerce has determined are sold at less than fair value.’ ” Id. at 881. BMT contests whether the Commission applied the proper legal standard, whether the Commission’s procedures were understood by the court, whether the Commission’s determination was supported by substantial evidence, and whether the Court of International Trade correctly ruled that plaintiffs should have contested adverse confidential evidence during the Commission’s proceedings.

We find no justifiable basis for overturning the decision of the trial court and we see no need to reiterate its published analysis, which we adopt. Accordingly, we affirm on the basis of that opinion.

AFFIRMED.

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852 F.2d 1285, 1988 U.S. App. LEXIS 10737, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bmt-commodity-corp-and-delca-distributors-inc-v-the-united-states-cafc-1988.

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