United States Federal Circuit

Determinations made by Department of Commerce in an administrative review of an antidumping duty order on antifriction bearings imported from Japan, and dismissal of a challenge by plaintiff to the DOC's recommendation to change model-match methodologies in future reviews, are affirmed where: 1) the DOC's determinations were supported by substantial evidence and in accordance with law; and 2) plaintiff's challenge regarding model-match methodology was not ripe for adjudication.

Appellate Information

• Decided 12/14/2007
• Published 12/14/2007

Judges

• PROST, Circuit Judge., Before LOURIE, DYK, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Matthew P. Jaffe, Crowell & Moring LLP, of Washington, DC, for plaintiffs-appellants NSK Ltd, NSK Corporation, and NSK Precision America, Inc. With him on the brief were Robert A. Lipstein and Alexander H. Schaefer.   Of counsel was Sobia Haque., Diane A. MacDonald, Baker & McKenzie LLP, of Chicago, IL, argued for plaintiffs-appellants American NTN Bearing Manufacturing Corporation, et al.   With her on the brief were Donald J. Unger and Louisa V. Carney., Neil R. Ellis, Sidney Austin LLP, of Washington, DC, argued for plaintiffs-appellants Koyo Corporation, et al.   With him on the brief was Neil C. Pratt.   Of counsel were Jill Caiazzo and Lawrence R. Walders., James P. Durling, Vinson & Elkins LLP, of Washington, DC, for Amicus Curiae.   With him on the brief were Matthew R. Nicely and David T. Hardin.


• For Appellees:
  
• Claudia Burke, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee United States.   On the brief were Peter D. Keisler, Acting Attorney General, Jeanne E. Davidson, Director, Patricia M. McCarthy, Assistant Director, and Michael Panzera, Attorney.   Of counsel on the brief were Jennifer I. Johnson, Mykhaylo Gryzlov, and Nithya Nagarajan, Attorneys, United States Department of Commerce, Office of Chief Counsel for Import Administration, of Washington, DC., Geert DePrest, 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.