ASG Industries, Inc. v. United States

Full title: ASG INDUSTRIES, INC., PPG INDUSTRIES, INC., LIBBEY-OWENS-FORD COMPANY, AND…

Court: United States Court of Customs and Patent Appeals

Date published: Nov 29, 1979

610 F.2d 785 (C.C.P.A. 1979)

Opinion

Appeal No. 79-16.

November 29, 1979.

Eugene L. Stewart, Frederick L. Ikenson, Washington, D.C., attorneys of record, for appellants.

Barbara Allen Babcock, Asst. Atty. Gen., Washington, D.C., David M. Cohen, Director, Joseph I. Liebman, John J. Mahon, Sidney N. Weiss, New York City, for the U.S.

Appeal from the United States Customs Court.

Before MARKEY, Chief Judge, and RICH, BALDWIN, MILLER and PENN,^_ Judges.

_ The Honorable John G. Penn, United States District Court for the District of Columbia, sitting by designation.

MILLER, Judge.

This is an appeal from the judgment of the United States Customs Court, 82 Cust.Ct. ___, C.D. 4788 (1979), which upheld the decision of the Secretary of the Treasury that float glass manufactured in Great Britain did not benefit from the payment or bestowal of a bounty or grant within the meaning of section 303 of the Tariff Act of 1930, as amended ( 19 U.S.C. § 1303). For the same reasons set forth in the opinion in ASG Industries, Inc. v. United States, 610 F.2d 770, No. 79-15, decided concurrently herewith, the judgment of the Customs Court is reversed and the case is remanded for further proceedings.

MARKEY, C. J., and RICH, J., dissent.