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SKF USA INC. AND SKF GMBH v. U.S.

No. 00-1305.

254 F.3d 1022 (2001)

SKF USA INC. and SKF GmbH, Plaintiffs, and FAG Kugelfischer Georg Schafer AG and FAG Bearings Corporation, Plaintiffs-Appellants, v. UNITED STATES, Defendant, and The Torrington Company, Defendant-Appellee, and NTN Bearing Corporation of America And NTN Kugellagerfabrik (Deutschland) GmbH, Defendants, and SNR Roulements, Defendant.

United States Court of Appeals, Federal Circuit.

DECIDED May 25, 2001.

Attorney(s) appearing for the Case

Mark E. Pardo, Grunfeld, Desiderio, Lebowitz & Silverman LLP, of New York, NY, argued for plaintiffs-appellants. With him on the brief were Max F. Schutzman, Andrew B. Schroth, and Adam M. Dambrov. Of counsel was Jeffrey S. Grimson.

Velta A. Melnbrencis, Assistant Director, Commercial Litigation Branch, Department of Justice, of Washington, DC, for defendant United States.

Donald J. Unger, Barnes, Richardson & Colburn, of Chicago, IL, for defendants NTN Bearing Corporation of America, Et Al.

Wesley K. Caine, Stewart and Stewart, of Washington, DC, argued for defendant-appellee, The Torrington Company. With him on the brief was Geert De Prest. Of counsel was Lane S. Hurewitz.

Before BRYSON, Circuit Judge, PLAGER, Senior Circuit Judge, and DYK, Circuit Judge.

DYK, Circuit Judge.

This case concerns the obligation of a court to remand a case to an administrative agency upon the agency's change in policy or statutory interpretation. We hold that the Court of International Trade erred in declining to remand the case to the Department of Commerce, and accordingly we reverse that court's decision in SKF USA Inc. v. United States, 77 F.Supp.2d 1335 (Ct. Int'l Trade 1999).

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