Zeroing Challenge Advances at CAFC in Japan Ball Bearings AD Review

Japanese producers¹ appealed a ruling by the Court of International Trade upholding the final results of the May ’06 -- April ’07 AD administrative review of ball bearings and parts thereof from Japan, as to various aspects of model matching and the use of zeroing in the margin calculation (disregarding the value of non-dumped sales in the average dumping margin). The Court of Appeals for the Federal Circuit upheld all of the International Trade Administration’s model matching decisions but, citing its own recent decision challenging zeroing in Dongbu Steel Co. Ltd. v. United States, the CAFC remanded the zeroing issue to the CIT for further explanation by the ITA on why it is reasonable to use zeroing in reviews but not in investigations. (See ITT’s Online Archives or 04/04/11 news, 11040408, for BP summary of Dongbu decision challenging the continued use of zeroing)

¹The Japanese ball bearings producers bringing the appeal were: JTEKT Corporation, KOYO Corporation of U.S.A., Aisin Seiki Company Ltd., Aisin Holding America, Inc., NTN Corporation, NTN Bearing Corporation of America, American NTN Bearing Manufacturing Corp., NTN Driveshaft, Inc., NTN-Bower Corporation, and NTN-BCA Corporation of America.

(Decision 2010-1516, 1518, decided 06/29/11)