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

No. 00-1500.

258 F.3d 1340 (2001)

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

United States Court of Appeals, Federal Circuit.

Decided July 20, 2001.


Attorney(s) appearing for the Case

Neil R. Ellis, Powell, Goldstein, Frazer & Murphy LLP, of Washington, DC, for plaintiffs-appellants. With him on the briefs were Elizabeth C. Hafner and Lisa A. Crosby. Of counsel was Susan M. Mathews.

Michele D. Lynch, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, for defendant-appellee United States. With her on the brief were David M. Cohen, Director, and Velta A. Melnbrencis, Assistant Director. Of counsel on the brief were John D. McInterney, Acting Chief Counsel, Elizabeth C. Seastrum, Senior Counsel, and John F. Koeppen, Attorney, Office of the Chief Counsel for Import Administration, U.S. Department of Commerce, of Washington, DC.

Terence P. Stewart, Stewart and Stewart, of Washington, DC, for defendant-appellee, The Timken Company. With him on the brief were William A. Fennell and Patrick J. McDonough. Of counsel was David Stanley Johanson.

Before MAYER, Chief Judge, SCHALL and DYK, Circuit Judges.


DYK, Circuit Judge.

This case presents the question whether the Department of Commerce's ("Commerce") regulation providing for the use of entered value of imported merchandise in the assessment rate formula (19 C.F.R. § 351.212(b)(1)) is consistent with the antidumping statute (codified in pertinent part at 19 U.S.C. § 1675) and, if so, whether it is reasonable. We conclude that Commerce's interpretation is not foreclosed by the statute, nor have the appellants...

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