Consolidated Bearings Co. v. United States, No. 98-09 (Ct. Int'l Trade 2002)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on April 2, 1999.
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Slip-Op. 02-62 UNITED STATES COURT OF INTERNATIONAL TRADE BEFORE: SENIOR JUDGE NICHOLAS TSOUCALAS ________________________________________ : : : Plaintiff, : : v. : : THE UNITED STATES, : : Defendant. : ________________________________________: CONSOLIDATED BEARINGS COMPANY, Court No. 98-09-02799 ORDER Upon consideration of the Final Results of Redetermination Pursuant to Ct. Remand ( Remand Results II ) for Consolidated Bearings Co. v. United States ( Consolidated Bearings ), 26 CIT __, 182 F. Supp. 2d 1380 (2002), filed by the United States Department of Commerce, International Trade Administration ( Commerce ), on April 18, 2002, plaintiff s comments contesting the Remand Results II, defendant s response in opposition to plaintiff s comments, and all other pertinent papers, it is hereby ORDERED that this case is remanded again to Commerce to liquidate all Consolidated Bearings imports of FAG Kugelfisher s merchandise imported during the period of review in accordance with the September 9, 1997, liquidation instructions as ordered by this Court No. 98-09-02799 Page 2 Court in Consolidated Bearings, 26 CIT __, 182 F. Supp. 2d 13801; and it is further ORDERED that the re-remand results are due within thirty (30) days of the date that this order is entered. Any responses or comments are due within fifteen (15) days thereafter. Any rebuttal comments are due within five (5) days after the date the responses or comments are due. _________________________ NICHOLAS TSOUCALAS SENIOR JUDGE DATED: July 9, 2002 New York, New York 1 The Court is bewildered by Commerce s continued misreading of the purpose and scope of the Court s previous remands in this matter. Similar to Commerce s Final Results of Redetermination Pursuant to Ct. Remand ( Remand Results I ), in Remand Results II, Commerce rather than follow the clear instructions set forth by this Court, states that Commerce will instruct the U.S. Customs Service to liquidate Consolidated s imports of FAG merchandise during the [POR] . . . using the ad valorem rates from the September 9, 1997, liquidation instructions which [Commerce] calculated based on FAG s reported sales through its U.S. affiliate to various U.S. customers. Remand Results II at 5.
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