NSK LTD. v. U.S.

No. 05-1296.

481 F.3d 1355 (2007)

NSK LTD., NSK Corporation, and NSK Bearings Europe, Ltd., Plaintiffs, and NTN Corporation, NTN Bearing Corporation of America, American NTN Bearing Manufacturing Corporation, NTN-Driveshaft, Inc., and NTN-BCA Corporation, Plaintiffs-Appellants, and Asahi Seiko Co., Ltd., Plaintiff, and Isuzu Motors Ltd. and MPB Corporation, Plaintiffs, v. UNITED STATES, Defendant-Appellee, and Timken U.S. Corporation, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

March 7, 2007.


Attorney(s) appearing for the Case

Diane A. MacDonald, Baker & McKenzie LLP, of Chicago, IL, argued for plaintiffs-appellants. On the brief were Donald J. Unger and Louisa Vassileva Carney. Of counsel was Nikolay A. Ouzounov, Barnes, Richardson & Colburn, of Chicago, IL.

Claudia Burke, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee United States. With her on the brief were Peter D. Keisler, Assistant Attorney General; David M. Cohen, Director; Patricia M. McCarthy, Assistant Director; and David Silverbrand, Trial Attorney. Of counsel on the brief was Jennifer I. Johnson, Attorney, Office of the Chief Counsel for Import Administration, United States Department of Commerce, of Washington, DC.

Geert M. De Prest, Stewart and Stewart, of Washington, DC, argued for defendant-appellee, Timken U.S. Corporation. With him on the brief were Terence P. Stewart and William A. Fennell. Of counsel was Lane S. Hurewitz.

Before BRYSON, GAJARSA, and LINN, Circuit Judges.


BRYSON, Circuit Judge.

This appeal from a decision by the United States Court of International Trade concerns the twelfth administrative review of an antidumping duty order covering antifriction bearings from Japan. NSK Ltd. v. United States, 346 F.Supp.2d 1312 (CIT 2004). The four appellants, which we refer to collectively as NTN, appeal from the portion of the trial court's judgment sustaining the Department of Commerce...

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