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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U.S. Court of Appeals for the Federal Circuit - 95 F.3d 1163 (Fed. Cir. 1996) July 9, 1996

CIT

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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