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NMB SINGAPORE LTD. v. U.S.

Nos. 2008-1187, 2008-1191.

557 F.3d 1316 (2009)

NMB SINGAPORE LTD., Plaintiff, and NSK Corporation and NSK, Ltd., Plaintiffs-Appellees, and JTEKT Corporation and Koyo Corporation of U.S.A., Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee, and The Timken Company, Defendant-Cross Appellant.

United States Court of Appeals, Federal Circuit.

February 18, 2009.

Attorney(s) appearing for the Case

Matthew P. Jaffe, Crowell & Moring, LLP, of Washington, DC for plaintiffs-appellees. With him on the brief was Robert A. Lipstein. Of counsel were Sobia Haque and Alexander H. Schaefer.

Jill Caiazzo Sidley Austin LLP, of Washington, DC, argued for plaintiff-appellant. With him on the brief was Neil R. Ellis. Of counsel was Lawrence R. Walders.

David F. D'Alessandris, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Gregory G. Katsas, Assistant Attorney General, Jeanne E. Davidson, Director, and Patricia M. McCarthy, Assistant Director. Of counsel on the brief was Deborah R. King, United States Department of Commerce, of Washington, DC.

Eric P. Salonen, Stewart and Stewart, of Washington, DC, argued for defendant/cross appellant. With him on the brief were Terence P. Stewart and Patrick J. McDonough. Of counsel was Philip A. Butler.

Before MICHEL, Chief Judge, SCHALL, and MOORE, Circuit Judges.

MICHEL, Chief Judge.

JTEKT Corporation and Koyo Corporation of U.S.A. (collectively, "JTEKT") and the Timken Company ("Timken") have cross-appealed different aspects of the Court of International Trade's judgment affirming a final decision of the Department of Commerce ("Commerce"). On appeal, JTEKT argues that Commerce ignored evidence and argument JTEKT presented, and that Commerce's finding that dumping was likely to continue (and the resulting continuation of...

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