U.S. Court of Appeals for the Federal Circuit, 2012

New Hampshire Ball Bearings, Inc. v. United States

New Hampshire Ball Bearings, Inc. v. United States
U.S. Court of Appeals for the Federal Circuit · Decided May 9, 2012

New Hampshire Ball Bearings, Inc. v. United States

Opinion

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit NEW HAMPSHIRE BALL BEARINGS, INC., Plaintiff-Appellant, V. UNITED STATES AND UNITED STATES CUSTOMS AND BORDER PROTECTION, Defendants-Appellees, AND _ UNITED STATES INTERNATIONAL TRADE COMMISSION, Defendant-Appellee, AND THE TIMKEN COMPANY AND MPB CORPORATION, Defendants-Appellees.

2012-1246 Appeal from the United States C0urt of International Trade in case n0. 08-00398, Judge Gregory W. Carman.

ON MOTION NEW HAMPSHIRE BALL BEARINGS V. US 2 ORDER New Hampshire Ball Bearings, Inc. (NHBB) moves to stay the briefing schedule and for an extension of time to file its brief. NHBB also submits a second motion for an extension of time. The United States, the United States Customs and Border Patrol, and the United States Inter- national Trade Commission oppose the stay but not the extension. The Timken Company and MPB Corporation do not oppose. ~ On May 8, 2012, this court issued an order treating Ashley Furniture In,dustries, Inc. 1). United States (2012- 1196) and E'than Allen Global, Inc. v. Unitecl States (2012- 1200) as companion cases for purposes of oral argument before the same merits panel.

NHBB asserts this case and Ashley Furniture and Ethan Allen involve related issues regarding the constitu- tionality of certain provisions of the Continued Dumping and Subsidy Offset Act (CDSOA) and this court’s decision in SKF USA, Inc. v. U.S. Customs and Border Protection, 556 F.3d 1337 (Fed. Cir. 2009).

The court notes that oral argument in Ashley Furni- tu,re and Ethan Allen has not yet been scheduled.

Accordingly, IT Is ORDERED THAT: (1) The motion for a stay is granted. This appeal is stayed pending issuance of the mandate in Ashley Furni- ture (2012-1196) and Ethan Allen, (2()12-1200). Within 14 days thereof, NHBB is directed to inform this court con- corning how it believes this appeal should proceed. The other parties may also respond within that time. (2) A copy of this order will be forwarded to the mer- its panel in appeal nos. 2012-1196 and 2012-1200.

3 NEW HAMPSHIRE BALL BEARINGS V. US (3) The motions for an extension of time are moot.

FoR THE CoURT 9 /s/ Jan Horbaly Date J an Horbaly Clerk cc: Terence P. Stewart, Esq.

Patrick V. Gallagher, Esq.

F"a“k H' M°"‘g‘°“" Esq' u.s. coum':l)li§\c=l=aa.sroa Courtney S. McNamara, Esq. 11-IE FEDERAL C|RCU|T MAY 09 2012 JAN HORBALY CLEHK

Case-law data current through December 31, 2025. Source: CourtListener bulk data.