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NTN BEARING CORP. OF AMERICA v. U.S.

Court No. 91-09-00695.

835 F.Supp. 646 (1993)

NTN BEARING CORP. OF AMERICA, American NTN Bearing Mfg. Corp. and NTN Corporation, Plaintiffs, v. UNITED STATES, Defendant, The Timken Company, Defendant-Intervenor.

United States Court of International Trade.

October 22, 1993.

Attorney(s) appearing for the Case

Barnes, Richardson & Colburn, Robert E. Burke, Donald J. Unger and Jesse M. Gerson, Chicago, IL, for plaintiffs.

Frank W. Hunger, Asst. Atty. Gen., David M. Cohen, Director, Commercial Litigation Branch, Civ. Div., U.S. Dept. of Justice, Velta A. Melnbrencis, of counsel: Joan L. MacKenzie and Linda S. Chang, Attorney-Advisors, Office of the Chief Counsel for Import Admin., U.S. Dept. of Commerce, Washington, DC, for defendant.

Stewart and Stewart, Eugene L. Stewart, Terence P. Stewart, James R. Cannon, Jr., William A. Fennell, Patrick J. McDonough and Julie Chasen Ross, Washington, DC, for defendant-intervenor.

OPINION

TSOUCALAS, Judge:

Plaintiffs, NTN Bearing Corp. of America, American NTN Bearing Mfg. Corp. and NTN Corporation ("NTN"), move pursuant to Rule 56.1 of the Rules of this Court for judgment on the agency record. Plaintiffs specifically claim that the Department of Commerce, International Trade Administration ("Commerce" or "ITA"), erred in (1) failing to employ a 10% maximum deviation limit on any single physical criterion employed by the ITA...

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