TIMKEN COMPANY v. U.S.

Slip Op. 04-17. Court No. 00-08-00386.

321 F.Supp.2d 1361 (2004)

The TIMKEN COMPANY, Plaintiff, v. UNITED STATES, Defendant, and NSK Ltd. and NSK Corporation; NTN Bearing Corporation of America, NTN Bower Corporation, American NTN Bearing Manufacturing Corporation and NTN Corporation; Koyo Seiko Co., Ltd. and Koyo Corporation of U.S.A., Defendant-Intervenors.

United States Court of International Trade.

February 25, 2004.


Attorney(s) appearing for the Case

Stewart and Stewart (Terence P. Stewart and William A. Fennell), Washington, DC, for Timken Company, plaintiff.

Lyn M. Schlitt, General Counsel, Office of the General Counsel, United States International Trade Commission (Mary Jane Alves and Andrea C. Casson) for United States, defendant.

Crowell & Moring LLP (Robert A. Lipstein, Matthew P. Jaffe and Grace W. Lawson), Washington, DC, for NSK Ltd. and NSK Corporation, defendant-intervenors.

Barnes, Richardson & Colburn (Donald J. Unger, Kazumune V. Kano and David G. Forgue), Chicago, IL, for NTN Bearing Corporation of America, NTN Bower Corporation, American NTN Bearing Manufacturing Corporation and NTN Corporation, defendant-intervenors.

Sidley Austin Brown & Wood LLP (Neil R. Ellis and Neil C. Pratt), Washington, DC, for Koyo Seiko Co., Ltd. and Koyo Corporation of U.S.A., defendant-intervenors.


OPINION

TSOUCALAS, Senior Judge.

I. Standard of Review

The Court will uphold the United States International Trade Commission's ("ITC" or "Commission") 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...

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