NTN Bearing Corp. of America v. United States, 101711 USCIT, 10-00286

Docket Nº:10-00286
Opinion Judge:TIMOTHY C. STANCEU, Judge
Party Name:NTN BEARING CORPORATION OF AMERICA, NTN CORPORATION, NTN BOWER CORPORATION, AMERICAN NTN BEARING MANUFACTURING CORP NTN-BCA CORPORATION, and NTN DRIVESHAFT, INC., Plaintiffs, v. UNITED STATES, Defendant, and JTEKT CORPORATION, and KOYO CORPORATION OF U.S.A., Plaintiff-Intervenors, and THE TIMKEN COMPANY, Defendant-Intervenor. Slip Opinion No. 11-12
Attorney:Kevin Michael O'Brien, Christine M. Streatfeild, Kevin J. Sullivan and Steven Michael Chasin, Baker & McKenzie, LLP, of Washington, DC, and Diane Alexa MacDonald, Baker & McKenzie, LLP, of Chicago, IL, for plaintiffs. Neil R. Ellis, Jill Caiazzo, Lawrence R. Walders and Rajib Pal, Sidley Austin, ...
Judge Panel:Before: TIMOTHY C. STANCEU, Judge
Case Date:October 17, 2011
Court:Court of International Trade

NTN BEARING CORPORATION OF AMERICA, NTN CORPORATION, NTN BOWER CORPORATION, AMERICAN NTN BEARING MANUFACTURING CORP NTN-BCA CORPORATION, and NTN DRIVESHAFT, INC., Plaintiffs,

and

JTEKT CORPORATION, and KOYO CORPORATION OF U.S.A., Plaintiff-Intervenors,

v.

UNITED STATES, Defendant,

and

THE TIMKEN COMPANY, Defendant-Intervenor.

No. 10-00286

Slip Opinion No. 11-129

United States Court of International Trade

October 17, 2011

Granting plaintiffs’ motion for leave to amend the complaint.

Kevin Michael O'Brien, Christine M. Streatfeild, Kevin J. Sullivan and Steven Michael Chasin, Baker & McKenzie, LLP, of Washington, DC, and Diane Alexa MacDonald, Baker & McKenzie, LLP, of Chicago, IL, for plaintiffs.

Neil R. Ellis, Jill Caiazzo, Lawrence R. Walders and Rajib Pal, Sidley Austin, LLP, of Washington, DC, for plaintiff-intervenors.

L. Misha Preheim, Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, DC, for defendant. With him on the briefs were Tony West, Assistant Attorney General, Jeanne E. Davidson, Director and Patricia M. McCarthy, Assistant Director.

Geert M. De Prest, Terence P. Stewart, Lane S. Hurewitz and William A. Fennell, Stewart and Stewart, of Washington, DC, for defendant-intervenor.

Before: TIMOTHY C. STANCEU, Judge

OPINION AND ORDER

TIMOTHY C. STANCEU, Judge

In this action, plaintiffs NTN Bearing Corporation of America, NTN Corporation, NTN Bower Corporation, American NTN Bearing Manufacturing Corp., NTN-BCA Corporation, and NTN Driveshaft, Inc. (collectively "NTN" or "plaintiffs") contest the final determination issued by the International Trade Administration, U.S. Department of Commerce ("Commerce" or the "Department"), to conclude a set of administrative reviews of antidumping duty orders on ball bearings and parts thereof from France, Germany, Italy, Japan, and the United Kingdom and the Department's decision to issue liquidation instructions to U.S. Customs and Border Protection fifteen days after the issuance of the Final Results. Compl. ¶¶ 19-34, Ball Bearings & Parts Thereof From France, Germany, Italy, Japan, & the United Kingdom: Final Results of Antidumping Duty Admin. Reviews, Final Results of Changed-Circumstances Review, & Revocation of an Order in Part, 75 Fed. Reg. 53, 661 (Sept. 1, 2010) ("Final Results").

Defendant moved to dismiss the third count in NTN's complaint, in which NTN claimed that Commerce may have made "programming, clerical, or methodological errors that can only be determined by reference to the confidential administrative record." Compl. ¶ 34, Def.'s Mot. to Dismiss (Nov. 22, 2010), ECF 39. Plaintiffs moved to amend their complaint to restate the claim in the third count, seeking to claim that an error actually occurred when Commerce calculated NTN's credit expenses using incorrect data that NTN, in...

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