LUOYANG BEARING FACTORY v. U.S.

Slip Op. 03-41. Court No. 99-12-00743.

259 F.Supp.2d 1357 (2003)

LUOYANG BEARING FACTORY, Plaintiff and Defendant-Intervenor, v. UNITED STATES, Defendant, and The Timken Company, Defendant-Intervenor and Plaintiff.

United States Court of International Trade.

April 14, 2003.


Attorney(s) appearing for the Case

Hume & Associates, PC (Robert T. Hume and Stephen M. De Luca), Washington, DC, for Luoyang, plaintiff and defendant-intervenor.

Robert D. McCallum, Jr., Assistant Attorney General, David M. Cohen, Director, Commercial Litigation Branch, Civil Division, United States Department of Justice (Lucius B. Lau), Susan H. Kuhbach, Acting Assistant Secretary for Import Administration, Elizabeth C. Seastrum, Senior Counsel, and Rina Goldenberg, Office of the Chief Counsel, for Import Administration, United States Department of Commerce, for the United States, defendant, of counsel.

Stewart and Stewart (Terence P. Stewart, Geert De Prest, Wesley K. Caine, Amy S. Dwyer and Amy A. Karpel), Washington, DC, for Timken, defendant-intervenor and plaintiff.


OPINION

TSOUCALAS, Senior Judge.

I. Standard of Review

The Court will uphold Commerce's redetermination pursuant to the Court's remand unless it is "unsupported by substantial evidence on the record, or otherwise not in accordance with law." 19 U.S.C. § 1516a(b)(1)(B)(i) (1994). Substantial evidence is "more than a mere scintilla. It means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion." Universal...

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