AMERICAN TELEPHONE AND TELEGRAPH COMPANY, WESTERN ELECTRIC COMPANY, INCORPORATED AND NASSAU RECYCLE CORPORATION, APPELLANTS,
v.
UNITED STATES INTERNATIONAL TRADE COMMISSION AND SOUTHWIRE COMPANY, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that Bell, not being adversely affected by the ITC's determination of no violation, lacked standing to appeal.
Southwire moved to dismiss Bell's appeal from an ITC determination that Bell had not violated 19 U.S.C. § 1337. The ITC found no violation by Bell.…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Adversely Affected Party cases and more on FLexlaw
BALDWIN, Judge.
This matter comes before us on South-wire Company’s (Southwire) Motion to Dismiss* American Telephone and Telegraph Company (Bell) et al.’s appeal from the United States International Trade Commission’s (ITC) determination of November 23, 1979, In the Matter of Certain Apparatus for the Continuous Production of Copper Rod, Investigation No. 337-TA-52. The ITC concluded that Bell had not violated 19 U.S.C. § 1337.
OPINION
Bell is not a “person adversely affected” by the Commission’s final determination. The statute gives the ITC authority to make determinations of “whether or not there is a violation of this section.” (19 U.S.C. § 1337(c)). Appeals to this court can be taken from such “determinations” only by those who are “adversely affected” thereby. Dicta, findings of fact and the like are not determinations within the meaning of the statute. The ITC’s findings of which Bell complains are not determinations within the meaning of the statute. Contrary to Bell’s arguments improperly raised from Refractarios Monterrey v. Ferro, 606 F. 2d 966, 203 USPQ 568 (1979), cert. denied, 445 U.S. 943, 100 S.Ct. 1338, 63 L.Ed.2d 776 (1980), this court will consider evidentiary matters associated with statutory final determinations, but this court does not accept appeal upon those “associated matters.” Since the ITC determined that there was no § 1337 violation by Bell, Bell is without standing to appeal. Tong Seae v. ITC, No. 79-38 (CCPA January 7, 1980).
Accordingly, Southwire’s Motion to Dismiss the Appeal is granted. Southwire’s Motion to Extend the Time for Filing a Cross-Appeal and Bell’s Motion for Extension of Time to Designate Record are therefore moot.
DISMISSED.
*
The papers considered by the court include Bell’s request for Leave to File Further Response to Southwire’s Motion to Dismiss Appeal and Southwire’s opposition thereto.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Akzo N.V. v. U.S. Int'l Trade Comm'n, 808 F.2d 1471 (Fed. Cir. 1986)
-
The Aleut Tribe v. The United States, 702 F.2d 1015 (Fed. Cir. 1983)
-
Krupp Int'l, Inc. v. U. S. Int'l Trade Comm'n, 626 F.2d 844 (C.C.P.A. 1980)
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Mahomet v. Georgia, 445 U.S. 943 (U.S. 1980)
- Patrick et ux. v. Commissioner of Internal Revenue, 445 U.S. 943 (U.S. 1980)
- Refractarios Monterrey v. Ferro Corp. & U.S. Int'l Trade Comm'n, 606 F.2d 966 (C.C.P.A. 1979)