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United States Federal Circuit


THE TIMKEN CO. v. US, 03-1098, 03-1238

The US Department of Commerce properly "zeroed" any negative dumping margins in calculating the weighted-average dumping margin applied to imports of Koyo Corporation's tapered roller bearings from Japan. The adverse-facts-available rate was properly applied to the entered value of Koyo's tapered roller bearings in calculating Koyo's constructed export price.

Appellate Information

  • Decided 01/16/2004
  • Published 01/16/2004

Judges

  • PROST, Circuit Judge., Before NEWMAN, BRYSON, and PROST, Circuit Judges.

Court

  • United States Federal Circuit

Counsel

  • For Appellant:
  • William A. Fennell,Stewart and Stewart, of Washington, DC, argued for plaintiff-cross appellant.   With him on the brief were Terence P. Stewart and J. Daniel Stirk.   Of counsel were Patrick J. McDonough and Sarah V. Stewart.

  • For Appellees:
  • Neil R. Ellis, Sidley Austin Brown & Wood LLP, of Washington, DC, argued for defendants-appellant.   With him on the brief was Neil C. Pratt., Claudia Burke, Attorney, Civil Division, Commercial Litigation Branch, United States Department of Justice, of Washington, DC, argued for defendant-appellee.   With her on the brief was David M. Cohen, Director.
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