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

No. 95-1497.

95 F.3d 1094 (1996)

KOYO SEIKO CO., LTD. and Koyo Corporation of U.S.A., Plaintiffs-Appellants, v. The UNITED STATES and the Timken Company, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

September 4, 1996.

Attorney(s) appearing for the Case

Susan P. Strommer, Powell, Goldstein, Frazer & Murphy, Washington, DC, argued, for plaintiffs-appellants. With her on the brief were Peter O. Suchman and Christine Wood. Of counsel were Elizabeth C. Hafner and Niall P. Meagher.

Velta A. Melnbrencis, Assistant Director, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, DC, argued, for defendant-appellee The United States. With her on the brief were Frank W. Hunger, Assistant Attorney General and David M. Cohen, Director. Of counsel on the brief were Stephen J. Powell, Chief Counsel for Import Administration, Berniece A. Browne, Senior Counsel, and Joan L. MacKenzie, Attorney-Advisor, Office of the Chief Counsel for Import Administration, U.S. Department of Commerce, Washington, DC.

James R. Cannon, Jr., Stewart & Stewart, Washington, DC, argued, for defendant-appellee The Timken Company. With him on the brief were Terence P. Stewart and William A. Fennell.

Before PLAGER, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and SCHALL, Circuit Judge.

FRIEDMAN, Senior Circuit Judge.

Under 19 U.S.C. § 1673f(a) (1994), the amount of an antidumping duty is limited to the "amount of a cash deposit collected as security for an estimated antidumping duty." Id. The substantive question in this case is whether this cap on antidumping duties applies where no cash security deposit (or bond in lieu thereof) has been posted. The Court of International Trade held the cap inapplicable because the merchandise on which...

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