Ntn Bearing Corporation of America, American Ntn Bearingmanufacturing Corp., and Ntn Toyo Bearing Co.,ltd., Plaintiffs-appellants, v. the United States, U.S. Department of Commerce, and C.william Verity, Jr., Secretary, U.S. Department Ofcommerce, and the Timken Company,defendants-appellees, 884 F.2d 1397 (Fed. Cir. 1989)

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U.S. Court of Appeals for the Federal Circuit - 884 F.2d 1397 (Fed. Cir. 1989) May 10, 1989

Before MARKEY, Chief Judge, and PAULINE NEWMAN and MAYER, Circuit Judges.

ORDER

MARKEY, Chief Judge.


In initiating an administrative review of NTN's TRBs for the period March 27, 1987 through September 30, 1988, the Commerce Department neither abused its discretion or violated any regulations or policy. 19 C.F.R. Sec. 353.53a does not specify whether the anniversary date of a case must be determined by an original order or by an amendment to an existing order and there was no governing policy.

Because initiation of administrative review suspends liquidation of entries covered by review, see Ambassador Division of Florsheim Shoe v. United States, 748 F.2d 1560 (Fed. Cir. 1984), and the subject review covers all relevant NTN entries, NTN has obtained the relief sought and its appeal is dismissed as moot. See North Carolina v. Rice, 404 U.S. 244, 246 (1971).

Accordingly, IT IS ORDERED THAT:

NTN's appeal is dismissed.

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