Transcom Inc. v. United States , 1999 CIT 86 ( 1999 )

Slip Op. 99-86
UNITED STATES COURT OF INTERNATIONAL TRADE
BEFORE: SENIOR JUDGE NICHOLAS TSOUCALAS
___________________________________
:
TRANSCOM, INC., :
:
Plaintiff, :
:
L & S BEARING COMPANY, :
:
Plaintiff-Intervenor, :
:
v. : Court No. 97-01-00037
:
UNITED STATES, :
:
Defendant, :
:
THE TIMKEN COMPANY, :
:
Defendant-Intervenor. :
___________________________________:
O R D E R
In accordance with the decision (June 16, 1999) and mandate
(Aug. 9, 1999) of the United States Court of Appeals for the
Federal Circuit, Appeal No. 98-1401, it is hereby
ORDERED that the judgment and order of this Court in Transcom,
Inc. v. United States, 22 CIT __, 5 F. Supp. 2d 984 (1998), is
vacated; and it is further
ORDERED that this case is remanded to the United States
Department of Commerce, International Trade Administration
Court No. 97-01-00037 Page 2
(“Commerce”), to refund to Transcom, Inc. antidumping duty deposits
made in excess of the 2.96% “all others” rate established in the
initial investigation on tapered roller bearings (“TRBs”) that it
obtained from unnamed exporters of TRBs from the People’s Republic
of China during the fourth, fifth and sixth administrative reviews
of the antidumping duty order.
______________________________
NICHOLAS TSOUCALAS
SENIOR JUDGE
Dated: August 20, 1999
New York, New York