FEDERAL MOGUL CORPORATION, Plaintiff-Appellee,
and
The Torrington Company, Plaintiff-Appellee,
v.
The UNITED STATES, Defendant,
and
Koyo Seiko Co., Ltd. and Koyo Corporation of U.S.A., Defendants-Appellants,
and
NSK LTD. and NSK Corporation, Defendants,
and
Peer Bearing Company, Caterpillar Inc., Minebea Co., Ltd. and NMB Corporation, Defendants.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
August 28, 1995.
August 28, 1995.
Attorney(s) appearing for the Case
Frederick L. Ikenson, Frederick L. Ikenson, P.C., of Washington, DC, argued for plaintiff-appellee, Federal-Mogul Corp. Terence P. Stewart and James R. Cannon, Jr., Stewart & Stewart, of Washington, DC, represented plaintiff-appellee, The Torrington Co.
Neil R. Ellis, Powell, Goldstein, Frazer & Murphy, of Washington, DC, argued for defendants-appellants, Koyo Seiko Co., LTD. and Koyo Corp. of U.S.A. With him on the brief were Peter O. Suchman and Niall P. Meagher. Kazumune V. Kano, Barnes, Richardson & Colburn, of Chicago, IL, argued for defendants-appellants, NTN Bearing Corp. of America, American NTN Bearing Mfg. Corp. and NTN Corp. With him on the brief was Donald J. Unger.
Velta A. Melnbrencis and David M. Cohen, Attys., Commercial Litigation Branch, Dept. of Justice, of Washington, DC, represented defendant, The U.S.
Robert A. Lipstein, Matthew P. Jaffe and Alice E.M. Aragones, Coudert Brothers, of Washington, DC, represented defendants, NSK LTD. and NSK Corp.
Noel Hemmendinger and William J. Clinton, Willkie Farr & Gallagher, of Washington, DC, were on the brief for amicus curiae, American Ass'n of Exporters and Importers.
Before MAYER, PLAGER, and CLEVENGER, Circuit Judges.
United States Court of Appeals, Federal Circuit.
Opinion of the court filed by Circuit Judge PLAGER. Dissenting opinion filed by Circuit Judge MAYER.
PLAGER, Circuit Judge.
This case involves the manner in which the International Trade Administration, Department of Commerce (Commerce or Agency), in setting antidumping margins, accounts for taxes which are assessed on sales of foreign-manufactured merchandise. The taxes are assessed on merchandise sold in the country of origin, but are not assessed on similar...
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