SKF USA INC. v. INTERNATIONAL TRADE COM'N

No. 04-1460.

423 F.3d 1307 (2005)

SKF USA INC., Appellant, v. INTERNATIONAL TRADE COMMISSION, Appellee, and Bearings Limited, Intervenor, and McGuire Bearing Company, Intervenor.

United States Court of Appeals, Federal Circuit.

September 14, 2005.


Attorney(s) appearing for the Case

Herbert C. Shelley, Steptoe & Johnson LLP, of Washington, DC, argued for appellant. With him on the brief was Alice A. Kipel. Of counsel was Jamie B. Beaber.

Wayne W. Herrington, Attorney, Office of the General Counsel, United States International Trade Commission, of Washington, DC, argued for appellee. With him on the brief was James M. Lyons, General Counsel.

Steuart H. Thomsen, Sutherland Asbill & Brennan LLP, of Washington, DC, argued for intervenors Bearings Limited and McGuire Bearing Company. Of counsel on the brief for Bearings Limited were Patricia B. Cunningham and Candice C. Decaire, of Atlanta, Georgia. Lyle B. Vander Schaaf, White & Case, LLP, of Washington, DC, for intervenor McGuire Bearing Company. Of counsel was Frank H. Morgan.

Before LOURIE, Circuit Judge, ARCHER, Senior Circuit Judge, and GAJARSA, Circuit Judge.


LOURIE, Circuit Judge.

SKF USA, Inc. appeals from the judgment of the United States International Trade Commission concluding that § 337 of the Tariff Act of 1930, 19 U.S.C. § 1337 (2000), had not been violated by the importation, sale for importation, and sale within the United States after importation of certain SKF-marked bearings. In re Certain Bearings & Packaging Thereof, Inv. No. 337-TA-469 (Dep't Commerce May 24, 2004) ("Final Determination...

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