FAG Italia, S.p.A. v. United States, No. 97-11 (Ct. Int'l Trade 2002)

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This opinion or order relates to an opinion or order originally issued on January 27, 1999.

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Slip Op. 02-85 UNITED STATES COURT OF INTERNATIONAL TRADE BEFORE: SENIOR JUDGE NICHOLAS TSOUCALAS ________________________________________ : FAG ITALIA, S.p.A., FAG BEARINGS CORP., : SKF USA INC. and SKF INDUSTRIE S.p.A., : : Plaintiffs and : Defendant-Intervenors, : : v. : : UNITED STATES, : : Defendant, : : and : : THE TORRINGTON COMPANY, : : Defendant-Intervenor : and Plaintiff. : ________________________________________: Consol. Court No. 97-11-01984 ORDER This matter comes before the Court pursuant to the decision (May 24, 2002) of the Court of Appeals for the Federal Circuit ( CAFC ) in FAG Italia, S.p.A. v. United States, 291 F.3d 806 (Fed. Cir. 2002), vacating in part the judgment of this Court in FAG Italia, S.p.A. v. United States, Slip Op. 00-82, 2000 Ct. Intl. Trade LEXIS 83 (CIT 1999). Specifically, in accordance with the precedent set by the CAFC in SKF USA Inc. v. United States, 263 F.3d 1369 (Fed. Cir. 2001), the CAFC held that this case shall be remanded to Commerce for explanation why [Commerce] uses a different definition of foreign like product for price-based calculations for normal value than Consol. Court No. 97-11-01984 Page 2 [Commerce] does for calculations of constructed value. Italia, S.p.A., 291 F.3d at 808. FAG Accordingly, it is hereby ORDERED that this case is remanded to Commerce to provide the necessary explanations; and it is further ORDERED that the remand results are due within ninety (90) days of the date that this order is entered. Any responses or comments are due within thirty (30) days thereafter. Any rebuttal comments are due within fifteen (15) days after the date the responses or comments are due. ______________________________ NICHOLAS TSOUCALAS SENIOR JUDGE Dated: August 7, 2002 New York, New York

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