KOYO SEIKO CO., LTD. v. U.S.

Nos. 93-1525, 93-1534.

36 F.3d 1565 (1994)

KOYO SEIKO CO., LTD. and Koyo Corporation of U.S.A., Plaintiffs-Appellees, and Isuzu Motors, Ltd. and American Isuzu Motors, Inc., Plaintiffs, v. UNITED STATES, Defendant, and The Timken Company, Defendant-Appellant. KOYO SEIKO CO., LTD. and Koyo Corporation of U.S.A., Inc., Plaintiffs-Appellees, and Isuzu Motors, Ltd. and American Isuzu Motors, Inc., Plaintiffs, v. UNITED STATES, Defendant-Appellant, and The Timken Company, Defendant.

United States Court of Appeals, Federal Circuit.

September 30, 1994.


Attorney(s) appearing for the Case

Susan P. Strommer, Powell, Goldstein, Frazer & Murphy, Washington, DC, argued, for plaintiffs-appellees. With her on the brief was Peter O. Suchman. Of counsel were T. George Davis and Elizabeth C. Hafner.

George Kleinfeld, Paul, Weiss, Rifkind, Wharton & Garrison, Washington, DC, for plaintiffs.

Velta A. Melnbrencis, Dept. of Justice, Washington, DC, argued, for defendant. Of counsel were David M. Cohen, Dept. of Justice, Stephan J. Powell, Joan McKenzie, Berniece Browne and Linda S. Chang, Dept. of Commerce.

Geert DePriest, Stewart & Stewart, Washington, DC, argued, for defendant-appellant. Terence P. Stewart, James R. Cannon, Jr. and Margaret E.O. Edozien, Stewart & Stewart, of Washington, DC, were on the brief, for defendant-appellant. Of counsel was John M. Breen.

Frederick L. Ikenson, Frederick L. Ikenson, P.C., Washington, DC, was on the brief, for amicus curiae, Federal-Mogul Corp.

Before ARCHER, Chief Judge, LOURIE and SCHALL, Circuit Judges.


SCHALL, Circuit Judge.

The government and The Timken Company (Timken) each appeal the January 8, 1993 decision of the U.S. Court of International Trade (Court), Koyo Seiko Co. v. United States, 810 F.Supp. 1287 (Ct.Int'l Trade 1993), holding, inter alia, that the International Trade Administration of the Department of Commerce (Commerce) erred in calculating final dumping margins for certain entries by Koyo Seiko...

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