SKF USA INC. v. U.S.

No. 2010-1128.

630 F.3d 1365 (2011)

SKF USA INC., SKF France S.A., SKF Aerospace France S.A.S., SKF GmbH, and SKF Industrie S.p.A., Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee, and Timken U.S. Corporation, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

January 7, 2011.


Attorney(s) appearing for the Case

Herbert C. Shelley , Steptoe & Johnson LLP, of Washington, DC, argued for plaintiffs-appellants. With him on the brief were Alice A. Kipel and Laura R. Ardito .

Claudia Burke , Trial 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 Tony West , Assistant Attorney General, Jeanne E. Davidson , Director, and Patricia M. McCarthy , Assistant Director. Of counsel on the brief was Jonathan Zielinski , Office of the Chief Counsel, United States Department of Commerce, of Washington, DC.

Geert De Prest , Stewart and Stewart, of Washington, DC, argued for defendant-appellee Timken U.S. Corporation. With her on the brief were Terence P. Stewart and Lane S. Hurewitz .

Neil R. Ellis , Sidley Austin LLP, of Washington, DC, for amici curiae JTEKT Corporation and Koyo Corporation of U.S.A. With him on the brief were Eric A. Shumsky and Jill Caiazzo .

Matthew P. Jaffe , Crowell & Moring LLP, of Washington, DC, for amici curiae NSK Ltd. and NSK Corporation. With him on the brief were Robert A. Lipstein and Alexander H. Schaefer .

Opinion for the court filed by Circuit Judge DYK. Opinion Concurring in Part and Dissenting in Part filed by Circuit Judge LINN.


DYK, Circuit Judge.

Plaintiffs SKF USA Inc., SKF France S.A., SKF Aerospace France S.A.S., SKF GMBH, and SKF Industrie S.p.A. (collectively "SKF" or "plaintiffs") appeal a decision of the Court of International Trade ("Trade Court"). That decision affirmed the final determination of the United States Department of Commerce ("Commerce") in its seventeenth administrative review of antidumping duty orders on ball bearings and parts thereof from France,

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