NTN Bearing Corp. of America v. United States

Court of International Trade

NTN Bearing Corp. of America v. United States

23 Ct. Int'l Trade 800, 1999 CIT 113

CourtUnited States Court of International Trade

DecidedOctober 22, 1999

DocketConsol. 97-01-00092

StatusPublished

This text of 23 Ct. Int'l Trade 800 (NTN Bearing Corp. of America v. United States) is published on Counsel Stack Legal Research, covering United States Court of International Trade primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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NTN Bearing Corp. of America v. United States, 23 Ct. Int'l Trade 800, 1999 CIT 113 (cit 1999).

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Opinion

ORDER

Tsoucalas, Senior Judge:

Upon consideration of the motion of defendant-intervenors Koyo Seiko Co., Ltd. and Koyo Corporation of U.S.A. (hereinafter collectively “Koyo”), for reconsideration, it is hereby

Ordered that, in light of the decision of the Court of Appeals for the Federal Circuit in NSK Ltd. v. United States, 1999 U.S. App. LEXIS 21338, at *21-*30 (Fed. Cir. Sept. 2, 1999), this Court’s Order in Slip Op. 99-71, dated July 29, 1999, is modified by redacting the last paragraph *801 of page fifteen remanding the case to the Department of Commerce with instructions to “review the record to determine whether it is possible to isolate and remove the portions of Koyo’s warranty expenses which relate to non-scope merchandise from the adjustments to FMV or to deny the adjustment if such a distinction and apportionment cannot be made”; and it is further

Ordered that this Court’s Order in Slip Op. 99-71 is further modified by extending the date by which the remand results are due to the Court an additional thirty (30) days; and it is further

Ordered that the remainder of Slip Op. 99-71 is unchanged; and it is further

Ordered that the Department’s final results are affirmed as they apply to Koyo Seiko Co., Ltd. and Koyo Corporation of U.S.A.

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ORDER

Tsoucalas, Senior Judge:

Upon consideration of the motion of defendant-intervenors Koyo Seiko Co., Ltd. and Koyo Corporation of U.S.A. (hereinafter collectively “Koyo”), for reconsideration, it is hereby

Ordered that, in light of the decision of the Court of Appeals for the Federal Circuit in NSK Ltd. v. United States, 1999 U.S. App. LEXIS 21338, at *21-*30 (Fed. Cir. Sept. 2, 1999), this Court’s Order in Slip Op. 99-71, dated July 29, 1999, is modified by redacting the last paragraph *801 of page fifteen remanding the case to the Department of Commerce with instructions to “review the record to determine whether it is possible to isolate and remove the portions of Koyo’s warranty expenses which relate to non-scope merchandise from the adjustments to FMV or to deny the adjustment if such a distinction and apportionment cannot be made”; and it is further

Ordered that this Court’s Order in Slip Op. 99-71 is further modified by extending the date by which the remand results are due to the Court an additional thirty (30) days; and it is further

Ordered that the remainder of Slip Op. 99-71 is unchanged; and it is further

Ordered that the Department’s final results are affirmed as they apply to Koyo Seiko Co., Ltd. and Koyo Corporation of U.S.A.

Nsk Ltd. And Nsk Corporation, and Nippon Pillow Block Sales Co., Ltd. And Fyh Bearing Units USA v. Koyo Seiko Co., Ltd. And Koyo Corporation of U.S.A., and Ntn Bearing Corporation of America, American Ntn Bearing Manufacturing Corp., Ntn Corporation, Ntn Driveshaft, Inc., Ant Ntn-Bower Corporation v. United States, and Honda Motor Co. Ltd., American Honda Motor Co., Inc.,honda of America Mfg., Inc. And Honda Power Equipment Mfg., Inc. v. The Torrington Company, Defendant-Cross

190 F.3d 1321 (Federal Circuit, 1999)

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