798 F.Supp. 716 (CIT. 1992), 91-08-00595, Nachi-Fujikoshi Corp. v. United States
|Docket Nº:||Court No. 91-08-00595.|
|Citation:||798 F.Supp. 716|
|Party Name:||NACHI-FUJIKOSHI CORPORATION and Nachi America, Inc., Plaintiffs, v. UNITED STATES, Defendant, Federal-Mogul Corporation and the Torrington Company, Defendants-Intervenors.|
|Case Date:||July 16, 1992|
|Court:||Court of International Trade|
O'Melveny & Myers, Greyson L. Bryan, Erwin P. Eichmann, Greta L.H. Lichtenbaum, Bruce R. Hirsh and Steven A. Spencer, for plaintiffs.
Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director, Commercial Litigation Branch, Civil Div., U.S. Dept. of Justice, Velta A. Melnbrencis (Stephen J. Claeys, Attorney-Advisor, Office of the Chief Counsel for Import Admin. U.S. Dept. of Commerce, of counsel), for defendant.
Frederick L. Ikenson, P.C., Frederick L. Ikenson, J. Eric Nissley and Larry Hampel, for defendant-intervenor Federal-Mogul Corp.
Stewart and Stewart, Eugene L. Stewart, Terence P. Stewart, James R. Cannon, Jr. and Patrick McDonough, for defendant-intervenor The Torrington Co.
Plaintiffs, Nachi-Fujikoshi Corporation and Nachi America, Inc. ("Nachi"), move pursuant to Rule 56.1 of the Rules of this Court for judgment on the agency record. Nachi-Fujikoshi Corporation is a Japanese producer and exporter of certain antifriction bearings, and [16 C.I.T. 607] Nachi America, Inc. is its related U.S. subsidiary. On June 11, 1990, The Torrington Company initiated this administrative review. Antifriction Bearings (Other Than Tapered Roller Bearings) and Parts Thereof From the Federal Republic of Germany, France, Italy, Japan, Romania, Singapore, Sweden, Thailand and the United Kingdom Initiation of Antidumping Administrative Reviews, 55 Fed.Reg. 23,575 (1990). The preliminary results of this investigation were issued on March 15, 1991. Antifriction Bearings (Other Than Tapered Roller Bearings) and Parts thereof from Japan; Preliminary Results of Antidumping Duty Administrative Reviews and Partial Termination of Antidumping Duty Administrative Reviews, 56 Fed.Reg. 11,186 (1991). The final results were issued on July 11, 1991. Antifriction Bearings (Other Than Tapered Roller Bearings) and Parts Thereof From Japan; Final Results of Antidumping Duty Administrative Reviews ("Final Results"), 56 Fed.Reg. 31,754 (1991). The final dumping margins for Nachi were determined to be 10.72% for ball bearings and 10.50% for cylindrical roller bearings. Id. at 31,756.
In this action, plaintiffs claim that the Department of Commerce, International Trade Administration ("Commerce" or "Department"), erred by including plaintiffs' one home market sample sale in its calculation of foreign market value. Plaintiffs also claim that Commerce committed four ministerial errors in its calculation of plaintiffs' margins.
Pursuant to the Tariff Act of 1930, in reviewing a final determination of Commerce, this Court must uphold that determination unless it is "unsupported by substantial evidence on the record, or otherwise not in accordance with law." 19 U.S.C. § 1516a(b)(1)(B) (1988). Substantial evidence has been defined as being "more than a mere scintilla. It means such relevant
evidence as a reasonable mind might accept as adequate to support a conclusion." Universal Camera Corp. v. NLRB, 340 U.S. 474, 477, 71 S.Ct. 456, 459, 95 L.Ed. 456 (1951) (quoting Consolidated Edison Co. v. NLRB, 305 U.S. 197, 229, 59 S.Ct. 206, 216-17, 83 L.Ed. 126 (1938)). It is "not within the Court's domain either to weigh the adequate quality or quantity of the evidence for sufficiency or to reject a finding on grounds of a differing interpretation of the record." The Timken Co. v. United States, 12 CIT 955, 962, 699 F.Supp. 300, 306 (1988), aff'd, 894 F.2d 385 (Fed.Cir.1990).
1. Sample Sale
Plaintiffs claim that Commerce erred by including Nachi's one home market sample sale in its calculation of foreign market value. They claim that the Department ignored its established practice of excluding trial or sample sales from foreign market value. As a result, Nachi urges this Court to remand this case to Commerce to require the Department to address Nachi's home market sample sales argument and to explain its failure to follow its own established precedent.
According to 19 U.S.C. § 1677b(a)(1) (1988 & Supp.1992):
The foreign market value of imported merchandise shall be the price, at the time such merchandise is first sold within the United States by the person for whom (or for whose account) the merchandise is imported to any other person ...
(A) at which such or similar merchandise is sold, or, in the absence of sales, offered for sale in the principal markets of the country from...
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