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TIMKEN CO. v. REGAN

Court No. 81-12-01749.

552 F.Supp. 47 (1982)

The TIMKEN COMPANY, Plaintiff, v. Donald REGAN, Individually and as Secretary of the Treasury, William Von Raab, Individually and as Commissioner of Customs, Richard R. Rosettie, Individually and as Director, Duty Assessment Division, United States Customs Service, Peter F. Gonzalez, Individually and as District Director, United States Customs Service, Mary Riggs, Individually and as Import Specialist, Commodity Team # 10, United States Customs Service, Malcolm Baldrige, Individually and as Secretary of Commerce, Lionel H. Olmer, Individually and as Under Secretary for International Trade Administration, United States Department of Commerce, Larry Brady, Individually and as Assistant Secretary for International Trade Administration, United States Department of Commerce, Gary N. Horlick, Individually and as Deputy Assistant Secretary for Import Administration, United States Department of Commerce, Leonard M. Shambon, Individually and as Director, Office of Compliance, International Trade Administration, United States Department of Commerce, Frank Brennan, Individually and as Director, Antidumping Order Compliance Division, International Trade Administration, United States Department of Commerce, J. Linnea Bucher, Individually and as Compliance Officer, Antidumping Order Compliance Division, International Trade Administration, United States Department of Commerce, Defendants, and NTN Bearing Corporation of America, Intervenor.

United States Court of International Trade.

October 27, 1982.

Attorney(s) appearing for the Case

Eugene L. Stewart, and Daniel G. Rooney, Washington, D.C., for plaintiff.

J. Paul McGrath, Asst. Atty. Gen., Washington, D.C., David M. Cohen, Director, Commercial Litigation Branch (Velta A. Melnbrencis, New York City, on brief), for defendants.

Barnes, Richardson & Colburn, Chicago, Ill. (Robert E. Burke and Mark S. Zolno, Chicago, Ill., on brief), for intervenor NTN Bearing Corp. of America.

Opinion and Order

MALETZ, Judge:

Plaintiff has filed a complaint alleging that the United States Customs Service unlawfully liquidated entries of tapered roller bearings subject to an antidumping duty order. It seeks declaratory, mandatory and injunctive relief, as well as money damages from the various Government defendants. The matter comes before the court on (1) defendants' and intervenor's motions to dismiss counts five and six of the complaint...

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