984 F.2d 1178 (Fed. Cir. 1993), 92-1289, Minebea Co., Ltd. v. United States

Docket Nº:92-1289.
Citation:984 F.2d 1178
Party Name:MINEBEA CO., LTD. and NMB Corporation, Plaintiffs-Appellants, v. The UNITED STATES, Defendant-Appellee, and The Torrington Company, Defendant-Appellee.
Case Date:January 26, 1993
Court:United States Courts of Appeals, Court of Appeals for the Federal Circuit
 
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Page 1178

984 F.2d 1178 (Fed. Cir. 1993)

MINEBEA CO., LTD. and NMB Corporation, Plaintiffs-Appellants,

v.

The UNITED STATES, Defendant-Appellee,

and

The Torrington Company, Defendant-Appellee.

No. 92-1289.

United States Court of Appeals, Federal Circuit

January 26, 1993

Page 1179

Michael J. Brown, Tanaka, Ritger & Middleton, Washington, DC, argued, for plaintiffs-appellants. With him on the brief, were H. William Tanaka and Michele N. Tanaka.

A. David Lafer, Sr. Trial Counsel, Commercial Litigation Branch, Dept. of Justice, Washington, DC, argued, for defendant-appellee, U.S. With him on the brief, were Stuart M. Gerson, Asst. Atty. Gen. and David M. Cohen, Director. Also on the brief, were Stephen J. Powell, Chief Counsel for Import Admin., Berniece A. Browne, Sr. Counsel for Antidumping Litigation and Robert J. Heilferty, Attorney-Advisor, Office of the Chief Counsel for Import Admin., U.S. Dept. of Commerce. James R. Cannon, Jr., Stewart & Stewart, Washington, DC, argued, for defendant-appellee, The Torrington Co. Eugene L. Stewart, Terence P. Stewart and David Scott Nance, Stewart & Stewart, Washington, DC, were on the brief, for defendant-appellee, The Torrington Co.

Before ARCHER, MICHEL, and LOURIE, Circuit Judges.

LOURIE, Circuit Judge.

Minebea Co., Ltd. and NMB Corporation (collectively Minebea) appeal from the judgment of the United States Court of International Trade upholding an antidumping duty order covering, inter alia, spherical plain bearings from Japan. Specifically, Minebea challenges the trial court's decision to sustain the determination of the Department of Commerce, International Trade Administration (ITA), that The Torrington Company had standing to file an antidumping duty petition on behalf of the domestic manufacturers of spherical plain bearings. Minebea Co. v. United States, 782 F.Supp. 117 (C.I.T.1992). Because the determination of the ITA was supported by substantial evidence on the record and was otherwise in accordance with law, we affirm.

BACKGROUND

On March 31, 1988, Torrington filed a petition with the ITA requesting that the ITA investigate whether to impose antidumping duties on antifriction bearings, including spherical plain bearings produced and imported by Minebea from Japan. Pursuant to 19 U.S.C. § 1673a(b)(1) (1988), Torrington alleged that it was an interested party and that it was filing the petition on behalf of the domestic antifriction bearing industry. The ITA initiated an antidumping investigation on the basis of Torrington's petition.

During the course of the investigation, the ITA received a number of submissions from parties challenging Torrington's standing to file its petition on the ground that it did not file "on behalf of" the domestic industry as required by 19 U.S.C. § 1673a(b)(1). New Hampshire Ball Bearings (NHBB), a U.S. subsidiary of Minebea, was one of the domestic manufacturers of spherical plain bearings that challenged Torrington's standing.

The ITA adhered to its policy...

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