Nsk Corp. v. United States
2011 Ct. Intl. Trade LEXIS 42
| Ct. Intl. Trade | 2011Background
- This is ITC's second sunset review of antidumping duties on ball bearings from France, Germany, Italy, and Japan; Fourth Remand Determination found likely no significant adverse impact absent orders.
- ITC remand results concluded subject imports from Japan would not lead to continuation of material injury without the orders.
- Court reviews whether ITC's determinations are supported by substantial evidence and in accordance with law, and whether to reopen the record.
- NSK and JTEKT sought revocation of orders on Japan and cessation of duties; Timken and other respondents defended the ITC findings.
- Court sustains ITC's negative determinations; declines to grant plaintiffs’ requested relief pending appeal; notes ITC has discretionary authority on remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ITC's negative determinations are supported by substantial evidence | NSK challenges likelihood of significant adverse impact and causation | ITC's Fourth Remand Determination adequately supported by record | Sustained; determinations upheld |
| Whether the court should reconsider or reopen the record on remand | Remand data could yield different injury conclusions | Record should not be reopened; existing record suffices | Record not reopened; court accepts the agency's conclusions |
| Whether NSK/JTEKT are entitled to revocation relief | Urge revocation and end of duties | Agency decisions not to revoke supported by record | Relief denied; relief not granted at this stage |
Key Cases Cited
- Nippon Steel Corp. v. United States, 458 F.3d 1345 (Fed. Cir. 2006) (only ITC may find facts and determine injury)
- Nucor Corp. v. United States, 371 F.App'x 83 (Fed. Cir. 2010) (unpublished; limits on court's factual weighing on remand)
- Atlantic Sugar, Ltd. v. U.S., 744 F.2d 1556 (Fed. Cir. 1984) (limits of court review on agency injury determinations)
- Gerald Metals, Inc. v. United States, 27 F.Supp.2d 1351 (CIT 1998) (independent, country-specific injury determinations in cumulated imports)
- GPX Int'l Tire Corp. v. United States, 587 F.Supp.2d 1278 (CIT 2008) (administrative determinations on remand sustained)
- Matsushita Elec. Indus. Co. v. United States, 750 F.2d 927 (Fed. Cir. 1984) (permissible judicial review and data connection on remand)