Slip. Op. 15- 

UNITED STATES COURT OF INTERNATIONAL TRADE 

 Before: Timothy C. Stanceu, Chief Judge 

 Court No. 10-00286 

JUDGMENT

The court has reviewed the amended determination on remand (“Amended Remand 

Redetermination”) issued by the International Trade Administration, U.S. Department of 

Commerce (“Commerce” or the “Department”) in this litigation. Am. Results of Remand 

Redetermination (May 7, 2015), ECF No. 101 (“Am. Remand Redetermination”).1

 The court 

concludes that the Amended Remand Redetermination complies with the court’s opinion and 

1

 Commerce filed the remand redetermination on May 4, 2015, Results of Remand 

Redetermination, ECF No. 98, and on the same day sought leave to file an amended remand 

redetermination noting that The Timken Company, defendant-intervenor in this action, had 

commented on the draft remand redetermination, Def.’s Consent Mot. for an Extension of Time, 

ECF No. 99. The court granted this request on May 5, 2015. Order, ECF No. 100. 

NTN BEARING CORPORATION OF 

AMERICA, et al.,

Plaintiffs,

and

JTEKT CORPORATION, et al., 

Plaintiff-Intervenors 

v.

UNITED STATES,

Defendant,

and

THE TIMKEN COMPANY,

Defendant-intervenor.

76
Court No. 10-00286 Page 2

order in NTN Corp. of America v. United States, 39 CIT __, 46 F. Supp. 3d 1375 (2015) 

(“NTN”), to reconsider the final determination in Ball Bearings and Parts Thereof From France, 

Germany, Italy, Japan, and the United Kingdom: Final Results of Antidumping Duty 

Administrative Reviews, Final Results of Changed-Circumstances Review, and Revocation of an 

Order in Part, 75 Fed. Reg. 53,661 (Int’l Trade Admin. Sept. 1, 2010) (“Final Results”). In 

NTN, the court granted defendant’s request for a voluntary remand to Commerce for correction 

of certain errors in the credit expenses used in the calculation of constructed export price for 

plaintiffs (collectively, “NTN”).2 NTN, 39 CIT at __, 46 F.Supp.3d at 1388-89. The court also 

held unlawful the Department’s policy, rule, or practice of issuing liquidation instructions to U.S. 

Customs and Border Protection fifteen days after the date of publication of the final results of an 

administrative review and stated the court’s intention of granting a declaratory judgment to this 

effect when final judgment is entered in this case. Id. at __, 46 F.Supp.3d at 1388. 

During the remand proceeding, Commerce revised its calculation of NTN’s U.S. credit 

expenses to correct the errors and recalculated the weighted-average dumping margin for NTN. 

Am. Remand Redetermination 1. The changes to the calculation, however, did not result in a 

change in the weighted-average dumping margin calculated for NTN, which Commerce 

continued to determine to be13.46%. Id. The Timken Company, defendant-intervenor in this 

action, filed comments in support of the Amended Remand Redetermination. The Timken Co.’s 

Comments on the U.S. Dep’t of Commerce’s May 7, 2015 Am. Results of Remand 

Redetermination Pursuant to Ct. Remand (June 5, 2015), ECF No. 102. No other party to this 

action filed comments on the Amended Remand Redetermination and no party disputes that the 

2

 The plaintiffs are NTN Bearing Corp. of Am., NTN Corp., NTN Bower Corp., Am. 

NTN Bearing Mfg. Corp., NTN–BCA Corp., and NTN Driveshaft, Inc. (collectively “NTN”).

Pl.’s Am. Compl. 1 (Oct. 17, 2011), ECF No. 66. 
Court No. 10-00286 Page 3

redetermination complies with the court’s directive in NTN. Therefore, upon consideration of 

the Amended Remand Redetermination, all comments thereon, and all other filings and 

proceedings had herein, and upon due deliberation, it is hereby 

ORDERED that the Department’s decision to apply the “zeroing” methodology in the

Final Results, be, and hereby is, affirmed; it is further 

ORDERED that the Amended Remand Redetermination be, and hereby is, affirmed; it is 

further 

ORDERED that the Department’s policy, rule, or practice of issuing liquidation 

instructions to U.S. Customs and Border Protection fifteen (15) days after the date of publication 

of the final results of an administrative review be, and hereby is, declared to have been unlawful 

as applied to NTN in the implementation of the Final Results; and it is further 

ORDERED that entries of merchandise that are affected by this litigation shall be 

liquidated in accordance with the final and conclusive court decision in this action. 

/s/Timothy C. Stanceu 

Timothy C. Stanceu 

Judge

Dated:

New York, New York

July 14, 2015