Consolidated Bearings Co. v. United States
Opinion
ORDER
Upon consideration of the Final Results of Redetermination Pursuant to Ct. Remand (“Remand Results 11”) for Consolidated Bearings Co. v. United States (“Consolidated Bearings”), 26 CIT 25, 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 plaintiffs 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 in Consolidated Bearings, 26 CIT 25, 182 F. Supp. 2d 1380 1 ; 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.
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 V'), 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 PAG 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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.