FAG Italia, S.p.A. v. United States

26 Ct. Int'l Trade 910, 2002 CIT 85

• Court: United States Court of International Trade
• Decided: August 7, 2002
• Docket: Consol. 97-11-01984
• Status: Published

Opinion

ORDER

Tsoucalas, Senior Judge:

This matter comes before the Court pursuant to the decision (May 24, 2002) of the Court of Appeals for the Federal Circuit (“CAFC”) in FAG Italia, S.p.A. v. United States, 291 F.3d 806 (Fed. Cir. 2002), vacating in part the judgment of this Court in FAG Italia, S.p.A. v. United States, Slip Op. 00-82, 2000 Ct. Intl. Trade LEXIS 83 (CIT 1999).

Specifically, in accordance with the precedent set by the CAFC in SKF USA Inc. v. United States, 263 F.3d 1369 (Fed. Cir. 2001), the CAFC held that this case shall be remanded to Commerce for explanation “why [Commerce] uses a different definition of ‘foreign like product’ for price-based calculations for normal value than [Commerce] does for calculations of constructed value.” FAG Italia, S.p.A., 291 F.3d at 808. Accordingly, it is hereby

Ordered that this case is remanded to Commerce to provide the necessary explanations; and it is further

Ordered that the remand results are due within ninety (90) days of the date that this order is entered. Any responses or comments are due within thirty (30) days thereafter. Any rebuttal comments are due within fifteen (15) days after the date the responses or comments are due.