Transcom Inc. v. United States

1999 CIT 86

Opinion

Slip Op. 99-86

UNITED STATES COURT OF INTERNATIONAL TRADE

BEFORE: SENIOR JUDGE NICHOLAS TSOUCALAS ___________________________________ : TRANSCOM, INC., : : Plaintiff, : : L & S BEARING COMPANY, : : Plaintiff-Intervenor, : : v. : Court No. 97-01-00037 : UNITED STATES, : : Defendant, : : THE TIMKEN COMPANY, : : Defendant-Intervenor. : ___________________________________:

O R D E R

In accordance with the decision (June 16, 1999) and mandate

(Aug. 9, 1999) of the United States Court of Appeals for the

Federal Circuit, Appeal No. 98-1401, it is hereby

ORDERED that the judgment and order of this Court in Transcom,

Inc. v. United States, 22 CIT __, 5 F. Supp. 2d 984 (1998), is

vacated; and it is further

ORDERED that this case is remanded to the United States

Department of Commerce, International Trade Administration Court No. 97-01-00037 Page 2

(“Commerce”), to refund to Transcom, Inc. antidumping duty deposits

made in excess of the 2.96% “all others” rate established in the

initial investigation on tapered roller bearings (“TRBs”) that it

obtained from unnamed exporters of TRBs from the People’s Republic

of China during the fourth, fifth and sixth administrative reviews

of the antidumping duty order.

______________________________ NICHOLAS TSOUCALAS SENIOR JUDGE

Dated: August 20, 1999 New York, New York