The TORRINGTON CO., Plaintiff-Appellant,
and
Federal-Mogul Corporation, Plaintiff,
v.
The UNITED STATES, Defendant-Appellee,
and
SKF USA, Inc., SKF France, S.A., SKF GmbH, SKF Industrie, S.p.A., SKF (U.K.) Limited, SKF Sverige AB, Defendants-Appellees,
and
Koyo Seiko Co., Ltd., Koyo Corporation of U.S.A., Defendants-Appellees,
and
NSK Ltd., NSK Corporation, Defendants-Appellees,
and
NTN Bearing Corporation of America, American NTN Bearing Manufacturing Corporation, NTN Corporation, NTN Kugellagerfabrik (Deutschland) GmbH, Defendants-Appellees,
and
NMB Thai Ltd, Pelmec Industries Ltd., NMB Corporation, NMB Singapore Ltd., Defendants-Appellees,
and
FAG (U.K.) Limited, Barden Corporation (U.K.) Limited, FAG Bearings Corporation, The Barden Corporation, FAG Kugelfischer Georg Schaefer KGaA, FAG Cuscinetti S.p.A., Defendants-Appellees,
and
Ina Walzlager Schaeffler KG, Ina Bearing Company, Inc., Defendants-Appellees,
and
GMN Georg Muller Nurnberg AG, Defendant-Appellee.
and
RHP Bearings Inc., RHP Bearings Of U.S.A., Peer Bearing Company, Defendants.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
October 15, 1997.
October 15, 1997.
Attorney(s) appearing for the Case
James R. Cannon, Jr., Stewart and Stewart, Washington, DC, argued for plaintiff-appellant. On the brief were Terence P. Stewart and Wesley K. Caine. Of counsel were Lane S. Hurewitz and Geert M. DePrest.
Lucius B. Lau, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, DC, argued for defendant-appellee The United States. On the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, and Velta A. Melnbrencis, Assistant Director. Of counsel on the brief were Stephen J. Powell, Chief Counsel, Berniece A. Browne, Senior Counsel, and Mark A. Barnett, Attorney, Office of the Chief Counsel for Import Administration, Department of Commerce, Washington, DC. Of counsel was Thomas H. Fine, Department of Commerce, Washington, DC.
Herbert C. Shelley, Howrey & Simon, Washington, DC, argued for defendants-appellees SKF USA, Inc., et al. With him on the brief were Alice A. Kipel and Anne Talbot.
Peter O. Suchman, Powell, Goldstein, Frazer & Murphy LLP, Washington, DC, for defendants-appellees Koyo Seiko Co., Ltd., et al. With him on the brief were Neil R. Ellis and Susan M. Mathews.
Robert A. Lipstein, Lipstein, Jaffe & Lawson, L.L.P., Washington, DC, for defendants-appellees NSK Ltd., et al. With him on the brief were Matthew P. Jaffeand Grace W. Lawson.
Donald J. Unger, Barnes, Richardson & Colburn, Chicago, IL, for defendants-appellees NTN Bearing Corporation of America, et al. With him on the brief was Kazumune V. Kano. Of counsel was Robert E. Burke.
Walter J. Spak, White & Case, Washington, DC, for defendants-appellees NMB Thai Ltd., et al. With him on the brief were William J. Clinton, Christopher F. Corr, and Richard J. Burke. Of counsel was Richard G. King.
Max F. Schutzman, Grunfeld, Desiderio, Lebowitz & Silverman LLP, New York City, for defendants-appellees FAG (U.K.) Limited, et al. With him on the brief were Andrew B. Schroth and Mark E. Pardo.
Stephen L. Gibson, Arent Fox Kintner Plotkin & Kahn, Washington, DC, for INA Walzlager Schaeffler KG, et al. With him on the brief was Peter L. Sultan.
Charles W. Petty, Jr., Ross & Hardies, Washington, DC, for defendant-appellee GMN Georg Muller Nurnberg AG. Of counsel was Jeffrey S. Neeley.
Before RICH, MAYER, and RADER, Circuit Judges.
United States Court of Appeals, Federal Circuit.
RADER, Circuit Judge.
The United States Court of International Trade upheld an antidumping determination of the United States Department of Commerce (Commerce). See Torrington Co. v. United States,881 F.Supp. 622, 629-33 (Ct. Int'l Trade 1995). Commerce had declined to apply 19 C.F.R. § 353.26(a) (1992) in calculating the "United States price" and to exclude below-cost sales...
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