NSK Ltd. v. United States, No. 95-03 (Ct. Int'l Trade 1999)

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Slip Op. 99-135 UNITED STATES COURT OF INTERNATIONAL TRADE BEFORE: SENIOR JUDGE NICHOLAS TSOUCALAS __________________________________ : NSK LTD. and NSK CORPORATION; : KOYO SEIKO CO., LTD. and KOYO : CORPORATION OF U.S.A.; NTN : BEARING CORPORATION OF AMERICA, : AMERICAN NTN BEARING : MANUFACTURING CORP., NTN : CORPORATION, NTN DRIVESHAFT, : INC. and NTN-BOWER CORPORATION, : : Plaintiffs and : Defendant-Intervenors, : : NIPPON PILLOW BLOCK SALES CO., : LTD. and FYH BEARING UNITS USA, : : Plaintiffs, : : v. : Consol. Court No. : 95-03-00239 : UNITED STATES, : : Defendant, : : THE TORRINGTON COMPANY, : : Defendant-Intervenor : and Plaintiff, : : HONDA MOTOR CO., LTD., AMERICAN : HONDA MOTOR CO., INC., HONDA OF : AMERICA MFG., INC. and HONDA : POWER EQUIPMENT MFG., INC., : : Defendant-Intervenors. : _________________________________: ___ Page 2 Consol. Court No. 95-03-00239 J U D G M E N T In accordance with the decision (Sept. 2, 1999) and mandate (Oct. 25, 1999) of the United States Court of Appeals for the Federal Circuit ( CAFC ), Appeal Nos. 98-1547, -1548, -1582, it is hereby ORDERED, ADJUDGED and DECREED that the decision and order of this Court in connection with NSK Ltd. v. United States, 21 CIT __, 969 F. Supp. 34 (June 17, 1997), which directed Commerce to review the record to (a) determine whether it is possible to remove those portions of Koyo s warranty expenses which relate to non-scope merchandise from adjustments to FMV or (b) deny the adjustment if such removal cannot be made, is vacated, and the Court reinstates Commerce s handling of Koyo s home market warranty expenses in the final determination, and the CAFC having affirmed this Court on all other issues, judgment is entered accordingly. _______________________________ NICHOLAS TSOUCALAS SENIOR JUDGE Dated: December 17, 1999 New York, New York

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