United States Federal Circuit

In an appeal from a decision involving an administrative review of an antidumping duty order covering antifriction bearings from Japan, judgment sustaining the Department of Commerce's determination of plaintiffs' antidumping duty margin is affirmed where the Court of International Trade properly sustained the Department's use of "facts otherwise available" and "adverse inferences" for its determination.

Appellate Information

• Decided 03/07/2007
• Published 03/07/2007

Judges

• BRYSON, Circuit Judge., Before BRYSON, GAJARSA, and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Diane A. MacDonald, Baker & McKenzie LLP, of Chicago, IL, argued for plaintiffs-appellants.   On the brief were Donald J. Unger and Louisa Vassileva Carney.   Of counsel was Nikolay A. Ouzounov, Barnes, Richardson & Colburn, of Chicago, IL.


• For Appellees:
  
• Claudia Burke, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee United States.   With her on the brief were Peter D. Keisler, Assistant Attorney General;  David M. Cohen, Director;  Patricia M. McCarthy, Assistant Director;  and David Silverbrand, Trial Attorney.   Of counsel on the brief was Jennifer I. Johnson, Attorney, Office of the Chief Counsel for Import Administration, United States Department of Commerce, of Washington, DC., Geert M. De Prest, Stewart and Stewart, of Washington, DC, argued for defendant-appellee, Timken U.S. Corporation.   With him on the brief were Terence P. Stewart and William A. Fennell.   Of counsel was Lane S. Hurewitz.