NTN Bearing Corp. of America v. United States

95 F.3d 1163, 1996 WL 413565

Opinion

95 F.3d 1163

NOTICE: Federal Circuit Local Rule 47.6(b) states that opinions and orders which are designated as not citable as precedent shall not be employed or cited as precedent. This does not preclude assertion of issues of claim preclusion, issue preclusion, judicial estoppel, law of the case or the like based on a decision of the Court rendered in a nonprecedential opinion or order.
NTN BEARING CORPORATION OF AMERICA, American NTN Bearing
Mfg. Corporation and NTN Corporation, Plaintiffs-Appellees,
v.
The UNITED STATES, United States Department of Commerce, and
Ronald H. Brown, Secretary of Commerce,
Defendants-Appellants,
and
The Timken Company, Defendant.

No. 95-1479.

United States Court of Appeals, Federal Circuit.

July 9, 1996.

CIT

REVERSED.

ORDER

Upon consideration of the consent motion for remand filed by the United States, the United States Department of Commerce, and the Secretary of Commerce, it is hereby

ORDERED, in conformity with Koyo Seiko Co., Ltd. v. United States, 66 F.3d 1204 (Fed.Cir.1995), that that part of the judgment of the Court of International Trade in Court No. 92-03-00168 which required the Department of Commerce to impose a ten percent cap to each of the five criteria used to match U.S. TRBs with home-market TRBs is reversed; and it is further

ORDERED that the case is remanded to the Court of International Trade with instructions to remand the case to the Department of Commerce to recalculate the dumping margins for tapered roller bearings manufactured by NTN Bearing Corp. of America, American NTN Bearing Mfg. Corp., and NTN Corp. without imposing the ten percent cap; and it is further

ORDERED that the following parties shall be served with this order:

Donald J. Unger

Barnes, Richardson & Colburn

200 East Randolph Drive

48th Floor

Chicago, IL 60601

James R. Cannon, Jr.

Stewart and Stewart

2100 M Street, N.W.

Suite 200

Washington, D.C. 20037

Velta A. Melnbrencis

U.S. Department of Justice

Civil Division

Commercial Litigation Branch

1100 L Street, N.W.

Suite 11048

Washington, D.C. 20530.