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BMW OF NORTH AMERICA LLC v. U.S.

2018-1109.

926 F.3d 1291 (2019)

BMW OF NORTH AMERICA LLC, Plaintiff-Appellant v. UNITED STATES, Timken Company, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Public Opinion Issued: June 14, 2019.

Attorney(s) appearing for the Case

Kavita Mohan , Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP, Washington, DC, argued for plaintiff-appellant. Also represented by Ned H. Marshak , Max Fred Schutzman , New York, NY.

Tara K. Hogan , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for defendant-appellee United States. Also represented by Claudia Burke , Jeanne Davidson , Joseph H. Hunt.

Geert M. De Prest , Stewart & Stewart, Washington, DC, argued for defendant-appellee Timken Company. Also represented by William Alfred Fennell , Lane S. Hurewitz , Patrick John McDonough , Terence Patrick Stewart.

Opinion dissenting-in-part filed by Chief Judge Prost.

BMW of North America LLC ("BMW") appeals the final judgment of the United States Court of International Trade, sustaining the United States Department of Commerce's application of an adverse facts available ("AFA") rate of 126.44% against BMW. We conclude that Commerce did not set forth its reasoning in sufficient detail to...

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