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TIMKEN CO. v. U.S.

Court No. 90-06-00313.

779 F.Supp. 1402 (1991)

The TIMKEN COMPANY, Plaintiff, v. UNITED STATES, Defendant, Koyo Seiko Co., Ltd., and Koyo Corporation of U.S.A., Inc.; and NSK, Ltd. and NSK Corporation, Defendants-Intervenors.

United States Court of International Trade.

December 23, 1991.

Attorney(s) appearing for the Case

Stewart and Stewart, Eugene L. Stewart, Terence P. Stewart, James R. Cannon, Jr. and John M. Breen, Washington, D.C., for plaintiff.

Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director, U.S. Dept. of Justice, Civ. Div., Commercial Litigation Branch, Velta A. Melnbrencis, Washington, D.C., for defendant.

Powell, Goldstein, Frazer & Murphy, Peter O. Suchman, Susan P. Strommer and Niall P. Meagher, Washington, D.C., for Koyo Seiko Co., Ltd. and Koyo Corp. of U.S.A., Inc.

Donohue & Donohue, Joseph F. Donohue, Jr. and Kathleen C. Inguaggiato, New York City, for NSK, Ltd. and NSK Corp.

OPINION

TSOUCALAS, Judge:

Plaintiff, The Timken Company ("Timken"), moves to amend its Complaint pursuant to Rule 15(a) of the rules of this Court, to add a claim that the International Trade Administration of the Department of Commerce ("ITA" or "Commerce"), may not apply the so-called assessment rate cap under section 737 of the Tariff Act of 1930, as amended, 19 U.S.C. § 1673f, to entries which importers herein entered under bond between June 1974...

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