TIMKEN U.S. v. U.S.

No. 05-1030.

421 F.3d 1350 (2005)

TIMKEN U.S. CORPORATION, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee, and NSK Ltd., NSK-RHP Europe Ltd., RHP Bearings Ltd., NSK Bearings Europe Ltd., and NSK Corporation, Defendants-Appellees, and NTN Bearing Corporation of America, NTN Bower Corporation, NTN-BCA Corporation, and NTN Corporation, Defendants-Appellees, and SKF USA Inc. and SKF GMBH, Defendants, and FAG Kugelfischer Georg Schafer AG, the Barden Corporation (U.K.) Limited, the Barden Corporation, FAG Italia S.P.A., and FAG Bearings Corporation, Defendants-Appellees, and Koyo Seiko Co., Ltd. and Koyo Corporation of U.S.A., Defendants.

United States Court of Appeals, Federal Circuit.

August 31, 2005.


Attorney(s) appearing for the Case

Geert M. De Prest, Stewart and Stewart, of Washington, DC, argued for plaintiff-appellant. With him on the brief were Terence P. Stewart and William A. Fennell. Of counsel were Jordan Taylor and Lane S. Hurewitz.

Marc A. Bernstein, Attorney, Office of the General Counsel, United States International Trade Commission, of Washington, DC, argued for defendant-appellee United States. With him on the brief were James M. Lyons, General Counsel, and Andrea C. Casson, Acting Assistant General Counsel.

Matthew P. Jaffe, Crowell & Moring, LLP, of Washington, DC, for defendants-appellees NSK Ltd., et al. With him on the brief was Robert A. Lipstein.

Donald J. Unger, Barnes, Richardson & Colburn, of Chicago, Illinois, for defendants-appellees NTN Bearing Corporation of America, et al. With him on the brief were Kazumune V. Kano and David G. Forgue.

Mark E. Pardo, Grunfeld, Desiderio, Lebowitz, Silverman and Klestadt LLP, of New York, New York, argued for defendants-appellees FAG Kugelfischer Georg Schäfer AG, et al. On the brief were Max F. Schutzman, Andrew B. Schroth, and Adam M. Dambrov. Of counsel was William F. Marshall.

Before MAYER, RADER, and DYK, Circuit Judges.


DYK, Circuit Judge.

Timken U.S. Corporation ("Timken") appeals from the judgment of the Court of International Trade, affirming the determination of the International Trade Commission ("Commission") on the agency record. Timken U.S. Corp. v. United States, 2004 WL 1781348, No. 00-08-00385 (CIT Aug. 9, 2004). We conclude that the statutory directive that the Commission address "relevant arguments . . . made by interested parties" is a codification of preexisting...

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