Slip-Op. 02-62
UNITED STATES COURT OF INTERNATIONAL TRADE
BEFORE: SENIOR JUDGE NICHOLAS TSOUCALAS
________________________________________
:
CONSOLIDATED BEARINGS COMPANY, :
:
Plaintiff, :
: Court No. 98-09-02799
v. :
:
THE UNITED STATES, :
:
Defendant. :
________________________________________:
ORDER
Upon consideration of the Final Results of Redetermination
Pursuant to Ct. Remand (“Remand Results II”) for Consolidated
Bearings Co. v. United States (“Consolidated Bearings”), 26 CIT __,
182 F. Supp. 2d 1380 (2002), filed by the United States Department
of Commerce, International Trade Administration (“Commerce”), on
April 18, 2002, plaintiff’s comments contesting the Remand Results
II, defendant’s response in opposition to plaintiff’s comments, and
all other pertinent papers, it is hereby
ORDERED that this case is remanded again to Commerce to
liquidate all Consolidated Bearings’ imports of FAG Kugelfisher’s
merchandise imported during the period of review in accordance with
the September 9, 1997, liquidation instructions as ordered by this
Court No. 98-09-02799 Page 2
Court in Consolidated Bearings, 26 CIT __, 182 F. Supp. 2d 13801;
and it is further
ORDERED that the re-remand results are due within thirty (30)
days of the date that this order is entered. Any responses or
comments are due within fifteen (15) days thereafter. Any rebuttal
comments are due within five (5) days after the date the responses
or comments are due.
_________________________
NICHOLAS TSOUCALAS
SENIOR JUDGE
DATED: July 9, 2002
New York, New York
1
The Court is bewildered by Commerce’s continued misreading
of the purpose and scope of the Court’s previous remands in this
matter. Similar to Commerce’s Final Results of Redetermination
Pursuant to Ct. Remand (“Remand Results I”), in Remand Results II,
Commerce rather than follow the clear instructions set forth by
this Court, states that Commerce
will instruct the U.S. Customs Service to liquidate
Consolidated’s imports of FAG merchandise during the
[POR] . . . using the ad valorem rates from the September
9, 1997, liquidation instructions which [Commerce]
calculated based on FAG’s reported sales through its U.S.
affiliate to various U.S. customers.
Remand Results II at 5.