THE TIMKEN CO. v. U.S.

Slip Op. 16-47 Consol. Court No. 14-00155.

179 F.Supp.3d 1168 (2016)

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., NSK Bearings Europe, Ltd., NSK Europe Ltd., Defendant-Intervenors.

United States Court of International Trade.

May 10, 2016.


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 him on the brief were Benjamin C. Mizer , Principal Deputy Assistant Attorney General, Jeanne E. Davidson , Director, and Claudia Burke , Assistant Director. Of counsel on the brief was Scott D. McBride , Senior Attorney, Office of the Chief Counsel for Trade Enforcement & Compliance, U.S. Department of Commerce, of Washington, DC.

Alexander H. Schaefer and Hea Jin Koh , Crowell & Moring, LLP, of Washington, DC, for defendant-intervenors NSK Ltd., NSK Corporation, NSK Precision America, Inc., NSK Bearings Europe, Ltd., and NSK Europe Ltd.

Diane A. MacDonald , Riggle and Craven, of Chicago, IL, argued for defendant-intervenors NTN Bearing Corp. of America, NTN Corporation, NTN Bower, Inc., NTN Driveshaft, Inc., and American NTN Bearing Manufacturing Corp. With her on the brief was David J. Craven.

Neil R. Ellis , Justin R. Becker , 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

This matter is before the court following the U.S. Department of Commerce's ("Commerce") Final Results of Remand Redetermination, ECF No. 85 ("Remand Results"). The court remanded to Commerce to apply its differential pricing ("DP") analysis in the 2009-2010 annual antidumping duty ("AD") administrative...

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