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TIMKEN CO. v. U.S.

Nos. 03-1098, 03-1238.

354 F.3d 1334 (2004)

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

United States Court of Appeals, Federal Circuit.

DECIDED: January 16, 2004.

Attorney(s) appearing for the Case

William A. Fennell, Stewart and Stewart, of Washington, DC, argued for plaintiff-cross appellant. With him on the brief were Terence P. Stewart and J. Daniel Stirk. Of counsel were Patrick J. McDonough and Sarah V. Stewart.

Neil R. Ellis, Sidley Austin Brown & Wood LLP, of Washington, DC, argued for defendants-appellant. With him on the brief was Neil C. Pratt.

Claudia Burke, Attorney, Civil Division, Commercial Litigation Branch, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With her on the brief was David M. Cohen, Director.

Before NEWMAN, BRYSON, and PROST, Circuit Judges.

PROST, Circuit Judge.

Koyo Seiko Co., Ltd. and Koyo Corporation of U.S.A. (collectively, "Koyo") appeal the decision of the United States Court of International Trade in Timken Co. v. United States, 240 F.Supp.2d 1228 (CIT 2002), holding that the United States Department of Commerce ("Commerce") properly "zeroed" any negative dumping margins in calculating the weighted-average dumping margin applied to imports of Koyo...

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