CIT Rules No AD Liq in U.K./Japan Ball Bearings Until Appeals End
After extended litigation and multiple appeals led to a negative injury determination by the International Trade Commission, a group of overseas producer/exporters of ball bearings and parts thereof sought to have the Court of international Trade force the International Trade Administration to 1) terminate suspension of liquidation, 2) issue liquidation instructions and return all cash deposits for entries from the United Kingdom entered on or after August 25, 2010, and 3) issue liquidation instructions and return all cash deposits for entries from Japan entered on or after March 1, 2011. (The companies in this group are JTEKT Corporation, Koyo Corporation U.S.A., NSK Corporation, NSK Ltd., and NSK Europe Ltd.: the court case lists NSK Corporation et al. as plaintiffs and FAG Italia S.p.A. et al. as plaintiff-intervenors.)
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In another suit with overlapping complaints, another group of companies, consisting of both foreign exporters and domestic importers of ball bearings, asked the CIT to 1) order the International Trade Administration to revoke the AD duty orders on ball bearings from Japan and the United Kingdom; 2) direct U.S. Customs and Border Protection to liquidate entries made after July 11, 2005, and 3) order CBP to terminate suspension of liquidation of ongoing entries. (The foreign exporters and domestic importers listed as plaintiffs in this case are: Aisin Holdings of America, Inc., Caterpillar Inc., Mazak Corporation, Mazda Motor of America, Inc., General Motors Company, NTN Corporation, NTN Bearing Corporation of America, NTN Bower Corporation, NTN Driveshaft, Inc., American NTN Bearing Manufacturing Corp., NTNBCA Corporation, AST Bearings LLC, and SPB USA LLC.)
In both cases, the court reasoned that liquidation of the subject entries at issue are suspended by law until the issuance of a final appeals court decision, and held that no agency or court may remove the suspension of liquidation until there is a final court decision.
NSK Corp. et. al. v. U.S. and the Timken Company: Slip Op. 11-124, dated 10/12/11), available here.
Aisin Holdings of America Inc. v. U.S. et al., Slip Op. 11-127, dated 10/14/11), available here.