TIMKEN CO. v. U.S.

Slip Op. 15-72. Court No. 14-00155.

79 F.Supp.3d 1350 (2015)

The TIMKEN COMPANY, Plaintiff, v. UNITED STATES, Defendant, NSK Ltd., NSK Corporation, NSK Precision America, Inc., NTN Bearing Corp. of America, NTN Corporation, NTN Bower, Inc., NTN Driveshaft, Inc., American NTN Bearing Manufacturing Corp., JTEKT Corporation, JTEKT North America, Inc., Nachi-Fujikoshi Corporation, Nachi America, Inc., Nachi Technology, Inc., Defendant-Intervenors.

United States Court of International Trade.

July 8, 2015.


Attorney(s) appearing for the Case

Geert M. De Prest , Stewart and Stewart, of Washington, DC, argued for plaintiff. With him on the brief was Terence P. Stewart .

L. Misha Preheim , Senior Trial Counsel, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, DC, argued for defendant. With her on the brief were Benjamin C. Mizer , Acting Assistant Attorney General, Jeanne E. Davidson , Director, and Claudia Burke , Assistant Director. Of counsel on the brief was Shana A. Hofstetter , Attorney, Office of the Chief Counsel for Trade Enforcement & Compliance, U.S. Department of Commerce, of Washington, DC.

Alexander H. Schaefer , Crowell & Moring, LLP, of Washington, DC, argued for defendant-intervenors. With him on the brief for NSK Ltd., NSK Corporation, and NSK Precision America, Inc. were Hea Jin Koh and Robert A. Lipstein .

Kevin M. O'Brien , Diane A. MacDonald , Eunkyung Kim Shin , Baker & McKenzie, LLP, of Washington, DC, for defendant-intervenors NTN Bearing Corp. of America, NTN Corporation, NTN Bower, Inc., NTN Driveshaft, Inc., and American NTN Bearing Manufacturing Corp.

Neil R. Ellis , Dave M. Wharwood , Rajib Pal , Sidley Austin, LLP, of Washington, DC, for defendant-intervenors JTEKT Corporation and JTEKT North America, Inc.

Greyson L. Bryan, Jr. , David J. Ribner , McAllister M. Jimbo , O'Melveny & Myers, LLP, of Washington, DC, for defendant-intervenors Nachi-Fujikoshi Corporation, Nachi America, Inc., and Nachi Technology, Inc.


OPINION

OVERVIEW

This matter is before the court on plaintiff The Timken Company's ("Timken") motion for judgment on the agency record pursuant to USCIT Rule 56.2. Timken contests the U.S. Department of Commerce's ("Commerce") final results in the 2009-2010...

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