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LUOYANG BEARING CORP. (GROUP) v. U.S.

Slip Op. 05-3, Court No. 01-00036.

358 F.Supp.2d 1296 (2005)

LUOYANG BEARING CORP. (GROUP), Zhejiang Machinery Import & Export Corp., and China National Machinery Import & Export Corporation, Plaintiffs, and Wafangdian Bearing Company, Ltd., Plaintiff and Defendant-Intervenor, v. UNITED STATES, Defendant, and The Timken Company, Defendant-Intervenor and Plaintiff.

United States Court of International Trade.

January 21, 2005.

Attorney(s) appearing for the Case

Hume & Associates PC, Washington, DC, (Robert T. Hume) for Luoyang Bearing Corp. (Group) and Zhejiang Machinery Import & Export Corp., plaintiffs and Wafangdian Bearing Company, Ltd., plaintiff and defendant-intervenor.

Venable LLP, Washington, DC, (Lindsay B. Meyer and Kristin K. Woody), for China National Machinery Import & Export Corporation, plaintiff.

Peter D. Keisler, Assistant Attorney General; David M. Cohen, Director, and Jeanne E. Davidson, Deputy Director, Commercial Litigation Branch, Civil Division, United States Department of Justice (Claudia Burke); Amanda L. Blaurock, Attorney, 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 and Wesley K. Caine) for The Timken Company, 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) (2000). 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...

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