Peer Bearing Co.-Changshan v. United States

2015 CIT 61

• Court: United States Court of International Trade
• Decided: June 16, 2015
• Docket: 09-00052
• Status: Published

Opinion

Slip Op. 15-61

UNITED STATES COURT OF INTERNATIONAL TRADE

PEER BEARING COMPANY- CHANGSHAN,

Plaintiff,

v. Before: Timothy C. Stanceu, Chief Judge UNITED STATES, Court No. 09-00052 Defendant,

and

THE TIMKEN COMPANY,

Defendant-Intervenor.

JUDGMENT

Before the court is a decision issued by the United States Court of Appeals for the

Federal Circuit (“Court of Appeals”) vacating and remanding the court’s decision in Peer

Bearing Co.-Changshan v. United States, 37 CIT __, 853 F. Supp. 2d 1365 (2013). The Court of

Appeals instructed the court to reinstate the “application of adverse facts available and [the]

calculation of [plaintiff’s] margin” by the U.S. Department of Commerce, International Trade

Administration in the first redetermination issued on remand (“First Remand Redetermination”).

Peer Bearing Co.-Changshan v. United States, 766 F.3d 1396 (Fed. Cir. 2014); CAFC Mandate

in Appeal # 14-1001 (Oct. 21, 2014), ECF No. 142; Final Results of Redetermination Pursuant to

Remand (July 1, 2011), ECF No. 98 (“First Remand Redetermination”). Therefore, upon

consideration of the decision of the Court of Appeals and all other filings and proceedings had

herein, and upon due deliberation, it is hereby ORDERED that the First Remand Redetermination be, and hereby is, reinstated; and it is further

ORDERED that entries of merchandise that are affected by the First Remand Redetermination shall be liquidated in accordance with the final judicial decision in this action.

/s/ Timothy C. Stanceu Timothy C. Stanceu Chief Judge Dated: June 16, 2015 New York, New York