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Bmt Commodity Corp. And Delca Distributors Inc. v. The United States, Codfish Corp.
Citations: 852 F.2d 1285; 1988 U.S. App. LEXIS 10737Docket: 18-1686
Court: Court of Appeals for the Federal Circuit; August 9, 1988; Federal Appellate Court
BMT Commodity Corporation and Delca Distributors Inc. (plaintiffs-appellants) appeal a judgment from the U.S. Court of International Trade which upheld the International Trade Commission's (ITC) finding that the establishment of a U.S. industry was materially retarded by imports of dried heavy salted codfish from Canada being sold at less than fair value. The plaintiffs challenge the ITC's legal standards, the court's understanding of the Commission's procedures, the evidentiary support for the Commission's determination, and the ruling regarding the plaintiffs' failure to contest adverse confidential evidence during the proceedings. The Court of Appeals, comprised of Circuit Judges Smith and Mayer, and Senior Circuit Judge Bennett, affirms the trial court's decision without finding justifiable grounds for overturning it, adopting the trial court's analysis in its entirety. The judgment is thus affirmed.