CIT Affirms Ball Bearing Duties After Commerce Adjustment
Resource from: Law 360 Likes:287
Jul 29,2015
Law360, New York (July 15, 2015, 12:33 PM ET) -- The U.S. Court of International Trade on Tuesday gave its approval to anti-dumping duties on Japanese ball bearings at the center of a dispute over the U.S. Department of Commerce's zeroing policy after approving a tweak to the agency's calculations that did not alter the level of the duty itself.
Closing the lone open loop from his February decision that backed Commerce's use of zeroing in duty reviews, CIT Chief Judge Timothy C. Stanceu reviewed an amended determination from the agency that reflected a new way of calculating the U.S. credit expenses of the Japanese producers, including NTN Bearing Corp. of America.
“The changes to the calculation, however, did not result in a change in the weighted-average dumping margin calculated for NTN, which Commerce continued to determine to be 13.46 percent,” Judge Stanceu said. “Upon consideration of the amended remand redetermination, all comments thereon, and all other filings and proceedings had herein, and upon due deliberation, it is hereby … ordered that the amended remand redetermination be, and hereby is, affirmed.”
Judge Stanceu's order also enshrined the portion of his February ruling that faulted a long-standing Commerce practice of issuing liquidation instructions to U.S. Customs and Border Protection 15 days after publication of the final results of an administrative review.
In the long-running case, various Japanese companies, led primarily by NTN and JTEKT Corp., were consolidated into a single suit dating back to 2006 challenging Commerce's administrative review of anti-dumping duties imposed on imports of ball bearings from Japan and four other countries.
Also lining up in the suit was defendant-intervenor Timken Co., the largest U.S. manufacturer of ball bearings that has fought vigorously to ensure that the duties on its Japanese competitors remain in place.
In February 2014, Judge Stanceu said a group of Japanese firms would be allowed to brief the court on whether a Federal Circuit ruling upholding the use of zeroing in duty reviews applies to their suit over duties on ball bearings.
In light of the Federal Circuit's April 2013 ruling in Union Steel et al. v. U.S., the CIT relieved Commerce from the portion of a prior ruling in the case requiring the agency to reconsider its use of the method, but stopped short of affirming the practice entirely, giving the companies a chance to argue their case.
An attorney for NTN did not immediately respond to a request for comment and an attorney for Timken declined to comment on the case.
NTN is represented by Diane A. MacDonald and Kevin M. O’Brien of Baker & McKenzie LLP.
The U.S. is represented by L. Misha Preheim, Claudia Burke, Jeanne E. Davidson, Stuart F. Delery, Patricia M. McCarthy, Shana Hofstetter and Daniel J. Calhoun.
Timken is represented by Geert M. De Prest, Terence P. Stewart and Lane S. Hurewitz of Stewart and Stewart.
The case is NTN Bearing Corporation of America et al. and JTEKT Corporation et al v. United States and The Timken Company, case number case number 1:10-cv-00286, in the U.S. Court of International Trade.
(Law 360)
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1.The news above mentioned with detailed source are from internet.We are trying our best to assure they are accurate ,timely and safe so as to let bearing users and sellers read more related info.However, it doesn't mean we agree with any point of view referred in above contents and we are not responsible for the authenticity. If you want to publish the news,please note the source and you will be legally responsible for the news published.
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