NTN Bearing Corp. v. United States, No. 97-01 (Ct. Int'l Trade 1999)

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Slip Op. 99-113 UNITED STATES COURT OF INTERNATIONAL TRADE THE HONORABLE NICHOLAS TSOUCALAS ________________________________________________ NTN BEARING CORP. OF AMERICA, NTN CORPORATION, AMERICAN NTN BEARING MFG. CORP., NTN DRIVESHAFT, INC. and NTN-BOWER CORPORATION, Plaintiffs and Defendant-Intervenors, v. UNITED STATES, Defendant, KOYO SEIKO CO., LTD. and KOYO CORPORATION OF U.S.A.; NSK LTD. and NSK CORPORATION, : : : : : : : : : : : : : : : : : Consolidated Court No. 97-01-00092 : : : THE TORRINGTON COMPANY, : : Defendant-Intervenor and : Plaintiff. : ________________________________________________: Defendant-Intervenors, ORDER Upon consideration of the motion of defendant-intervenors Koyo Seiko Co., Ltd. and Koyo Corporation of U.S.A. (hereinafter collectively Koyo ), for reconsideration, it is hereby ORDERED that, in light of the decision of the Court of Appeals for the Federal Circuit in NSK Ltd. v. United States, 1999 U.S. App. LEXIS 21338, at *21-*30 (Fed. Cir. Sept. 2, 1999), this Court s Order in Slip Op. 99-71, dated July 29, 1999, is modified by redacting the last paragraph of page fifteen remanding the case to the Department of Commerce with instructions to review Consol. Court No. 97-01-00092 Page 2 the record to determine whether it is possible to isolate and remove the portions of Koyo s warranty expenses which relate to non-scope merchandise from the adjustments to FMV or to deny the adjustment if such a distinction and apportionment cannot be made ; and it is further ORDERED that this Court s Order in Slip Op. 99-71 is further modified by extending the date by which the remand results are due to the Court an additional thirty (30) days; and it is further ORDERED that the remainder of Slip Op. 99-71 is unchanged; and it is further ORDERED that the Department s final results are affirmed as they apply to Koyo Seiko Co., Ltd. and Koyo Corporation of U.S.A. ___________________________________ NICHOLAS TSOUCALAS SENIOR JUDGE Dated: October 22, 1999 New York, New York

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