Koyo Seiko Co., Ltd. and Koyo Corp. of U.S.A., plaintiffs v. United States, and U.S. Department of Commerce, defendants, and Timken Co., defendant-intervenor

Koyo Seiko Co., Ltd. and Koyo Corp. of U.S.A., plaintiffs v. United States, and U.S. Department of Commerce, defendants, and Timken Co., defendant-intervenor Court No. 92-03-00156 (Dated June 12, 1996) [MAJORITY — Tsoucalas, Judge:] ORDER Tsoucalas, Judge: In accordance with the March 20, 1996, decision and mandate of the United States Court of Appeals for the Federal Circuit (“CAFC”), Appeal Nos. 95-1294, 95-1303, reversing in part and remanding this case with instructions, it is hereby Ordered that the part of the judgment of this Court entered in Koyo Seiko Co. v. United States, 19 CIT 271, Slip Op. 95-18 (January 10, 1995), affirming the Court’s decision in Koyo Seiko Co. v. United States, 18 CIT 677, Slip Op. 94-119 (July 21, 1994), which required the Department of Commerce, International Trade Administration (“Commerce”) to impose a ten percent cap to each of the five criteria used to match U.S. tapered roller bearings (“TRBs”) with home market TRBs, is vacated; and it is further Ordered that this case is remanded to Commerce, in accordance with the CAFC’s decision and mandate, to recalculate the dumping margins for TRBs manufactured by Koyo Seiko Co., Ltd. and Koyo Corp. of U.S.A. without imposing the ten percent cap; and it is further Ordered that Commerce will report the results of this remand to the Court within sixty (60) days of the entry of this order.