Ntn Bearing Corporation of America, American Ntn Bearingmfg. Corporation and Ntn Corporation, Plaintiffs-appellees, v. the United States, United States Department of Commerce, Andronald H. Brown, Secretary of Commerce,defendants-appellants,andthe Timken Company, Defendant, 95 F.3d 1163 (Fed. Cir. 1996)
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REVERSED.
ORDER
Upon consideration of the consent motion for remand filed by the United States, the United States Department of Commerce, and the Secretary of Commerce, it is hereby
ORDERED, in conformity with Koyo Seiko Co., Ltd. v. United States, 66 F.3d 1204 (Fed. Cir. 1995), that that part of the judgment of the Court of International Trade in Court No. 92-03-00168 which required the Department of Commerce to impose a ten percent cap to each of the five criteria used to match U.S. TRBs with home-market TRBs is reversed; and it is further
ORDERED that the case is remanded to the Court of International Trade with instructions to remand the case to the Department of Commerce to recalculate the dumping margins for tapered roller bearings manufactured by NTN Bearing Corp. of America, American NTN Bearing Mfg. Corp., and NTN Corp. without imposing the ten percent cap; and it is further
ORDERED that the following parties shall be served with this order:
Donald J. Unger
Barnes, Richardson & Colburn
200 East Randolph Drive
48th Floor
Chicago, IL 60601
James R. Cannon, Jr.
Stewart and Stewart
2100 M Street, N.W.
Suite 200
Washington, D.C. 20037
Velta A. Melnbrencis
Civil Division
Commercial Litigation Branch
1100 L Street, N.W.
Suite 11048
Washington, D.C. 20530.
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