FAG Italia, S.p.A. v. United States , 26 Ct. Int'l Trade 910 ( 2002 )

Slip Op. 02-85
UNITED STATES COURT OF INTERNATIONAL TRADE
BEFORE: SENIOR JUDGE NICHOLAS TSOUCALAS
________________________________________
:
FAG ITALIA, S.p.A., FAG BEARINGS CORP., :
SKF USA INC. and SKF INDUSTRIE S.p.A., :
:
Plaintiffs and :
Defendant-Intervenors, :
:
v. : Consol. Court No.
: 97-11-01984
UNITED STATES, :
:
Defendant, :
:
and :
:
THE TORRINGTON COMPANY, :
:
Defendant-Intervenor :
and Plaintiff. :
________________________________________:
ORDER
This matter comes before the Court pursuant to the decision
(May 24, 2002) of the Court of Appeals for the Federal Circuit
(“CAFC”) in FAG Italia, S.p.A. v. United States, 291 F.3d 806 (Fed.
Cir. 2002), vacating in part the judgment of this Court in FAG
Italia, S.p.A. v. United States, Slip Op. 00-82, 2000 Ct. Intl.
Trade LEXIS 83 (CIT 1999).
Specifically, in accordance with the precedent set by the CAFC
in SKF USA Inc. v. United States, 263 F.3d 1369 (Fed. Cir. 2001),
the CAFC held that this case shall be remanded to Commerce for
explanation “why [Commerce] uses a different definition of ‘foreign
like product’ for price-based calculations for normal value than
Consol. Court No. 97-11-01984 Page 2
[Commerce] does for calculations of constructed value.” FAG
Italia, S.p.A., 291 F.3d at 808. Accordingly, it is hereby
ORDERED that this case is remanded to Commerce to provide the
necessary explanations; and it is further
ORDERED that the remand results are due within ninety (90)
days of the date that this order is entered. Any responses or
comments are due within thirty (30) days thereafter. Any rebuttal
comments are due within fifteen (15) days after the date the
responses or comments are due.
______________________________
NICHOLAS TSOUCALAS
SENIOR JUDGE
Dated: August 7, 2002
New York, New York