997 F.2d 1453 (Fed. Cir. 1993), 93-1048, NTN Bearing Corp. of America v. United States

Docket Nº:93-1048.
Citation:997 F.2d 1453
Party Name:NTN BEARING CORPORATION OF AMERICA, American NTN Bearing Mfg. Corp. and NTN Toyo Bearing Co., Ltd., Plaintiffs-Appellants, v. The UNITED STATES and Ron Brown, Secretary of Commerce, Defendants-Appellees, and The Torrington Co., Defendant-Appellee.
Case Date:June 29, 1993
Court:United States Courts of Appeals, Court of Appeals for the Federal Circuit
 
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Page 1453

997 F.2d 1453 (Fed. Cir. 1993)

NTN BEARING CORPORATION OF AMERICA, American NTN Bearing

Mfg. Corp. and NTN Toyo Bearing Co., Ltd.,

Plaintiffs-Appellants,

v.

The UNITED STATES and Ron Brown, Secretary of Commerce,

Defendants-Appellees,

and

The Torrington Co., Defendant-Appellee.

No. 93-1048.

United States Court of Appeals, Federal Circuit

June 29, 1993

Page 1454

Brian F. Walsh, Barnes, Richardson & Colburn, Chicago, IL, argued for plaintiffs-appellants. With him on the brief was Donald J. Unger.

A. David Lafer, Sr. Trial Atty., Commercial Litigation Branch, Dept. of Justice, Washington, DC, argued for defendants-appellees. With him on the brief were Stuart M. Gerson, Asst. Atty. Gen. and David M. Cohen, Director. Of counsel were Berniece A. Browne and Dean A. Pinkert, Dept. of Justice. Also on the brief were Stephen J. Powell, Chief Counsel for Import Admin. and Stephen J. Claeys, Atty. Advisor, Office of the Chief Counsel for Import Admin., U.S. Dept. of Commerce, Washington, DC.

James R. Cannon, Jr., Stewart & Stewart, Washington, DC, argued for defendant-appellee. Of counsel were Terence P. Stewart and Eugene L. Stewart.

Before NEWMAN, CLEVENGER and RADER, Circuit Judges.

CLEVENGER, Circuit Judge.

NTN Bearing Corp. of America, American NTN Bearing Manufacturing Corp. and NTN Toyo Bearing Co., Ltd. (collectively referred to as NTN) appeal the judgment of the United States Court of International Trade denying NTN's motion for judgment on the record and holding that the International Trade Administration of the Department of Commerce (Commerce) properly included NTN's imported antifriction bearing components within the scope of the antidumping order imposed on antifriction bearings imported from Japan. NTN Bearing Corp. of Am. v. United States, 802 F.Supp. 448 (Ct. Int'l Trade 1992). Because the components NTN imports are ultimately sold in the United States and because it was not improper for Commerce to assign the margin calculations for assembled bearings to bearing components, we affirm.

I

NTN Toyo Bearing Company is a Japanese manufacturer of bearings. Its American subsidiary manufactures finished bearings from, inter alia, bearing components

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produced by NTN in Japan. In March 1988, the Torrington Company, a manufacturer of bearings in the United States, filed an antidumping petition with Commerce requesting that antidumping duties be imposed on antifriction bearings and parts thereof (other than tapered roller bearings) imported from nine different countries including Japan. (Tapered roller bearings had been the subject of previous antidumping investigations. E.g., Tapered Roller Bearings & Parts Thereof, Finished & Unfinished, From Japan, 52 Fed.Reg. 47,955 (Dep't Comm. Dec. 17, 1987) (final less-than-fair value determination).) In order for an antidumping duty order to be imposed on imports of antifriction bearings from Japan, Commerce would have to determine that these imports were sold in the United States at less-than-fair value and the United States International Trade Commission (ITC) would have to determine that the imports injured a domestic industry. 19 U.S.C. § 1673 (1988).

In April 1988, Commerce initiated multiple antidumping investigations to determine whether imports of antifriction bearings from the nine countries were being sold at less-than-fair value. E.g., Antifriction Bearings (Other Than Tapered Roller Bearings) & Parts Thereof From Japan, 53 Fed.Reg. 15,076 (Dep't Comm. Apr. 27, 1988) (initiation notice). The ITC likewise instituted preliminary and final investigations to determine whether U.S. industries were injured by reason of those imports. Antifriction Bearings (Other Than Tapered Roller Bearings) & Parts Thereof From the F.R.G., Fr., Italy, Japan, Rom., Sing., Swed., Thail., & the U.K., 53 Fed.Reg. 11,917 (USITC Apr. 11, 1988) (institution of prelim. investigations); Antifriction Bearings (Other Than Tapered Roller Bearings) & Parts Thereof From the F.R.G., Fr., Italy, Japan, Rom., Sing., Swed., Thail., & the U.K., 53 Fed.Reg. 50,304 (USITC Dec. 14, 1988) (institution of final investigations). These antifriction bearings antidumping investigations were an enormous administrative undertaking for both agencies, encompassing five different classes or kinds of antifriction bearings imported from nine countries affecting six different domestic industries producing antifriction bearings. Due to the massive number of sales transactions and the complexity of the investigations, Commerce modified several aspects of its sales...

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