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The eBearing News
October 23, 2006
Koyo Joins Fight for CDSOA Payouts
copyright © 2006 eBearing Inc.
Koyo Corporation of USA (a division of JTEKT, Japan; TSE:
6473)
has filed a complaint in the U.S. Court of International Trade (CIT), seeking to be included in the lucrative
dumping duty payouts being made under the Continued Dumping and Subsidy Offset of
2000 (the so-called "Byrd Amendment").
The move by Koyo follows a second successful attack on the constitutionality of CDSOA language that
specifically excludes companies that did not support dumping investigations. The U.S. Court of International
Trade has twice found that exclusion violates constitutional rights -- the latest was in favor of
bearing manufacturer SKF's argument that the exclusion violates the constitution's key Equal Protection doctrine.
article: SKF wins landmark CDSOA revision in
Court of International Trade
Essentially, the court's decision is that CDSOA language is unconstitutional in that its payouts
discriminate against companies that choose, for whatever reason, not to participate in a trade lawsuit
alleging dumping of specific bearing products or ranges. The court found this limitation causes the CDSOA
to serve only a few individual businesses, excluding others for reasons unrelated to trade protection measures.
Following on the heels of SKF's success in opening the door, Koyo is the first bearing company to file
for a piece of the CDSOA payouts. Most trade analysts believe there will be an avalanche of
U.S. manufacturers descending on Washington, the ITC and Customs to claim their newly-available share
of the CDSOA funds.
A Washington trade lawyer told eBearing, "The change is fundamental to the CDSOA and impacts not only
bearings but everything else now under an antidumping duty order, from steel to candles to ink
to sparklers. Tens of thousands of companies that manufacture many thousands of products with an import
antidumping order on it will be lining up for their fair share of the payout. There are hundreds of millions
of dollars at stake here, and it is going to be total bedlam at Customs and Border Protection while
they sort it all out."
Like SKF's filing for a portion of $115 million paid out in one dumping case, Koyo's potential recovery
under the CDSOA may also be massive; including sales of imported
bearings, Koyo Corp. of USA's 2005 sales were well over $700 million.
Koyo currently has two bearing manufacturing plants in the United States, and plans two more.
There is a ball and roller bearing plant in Orangeburg, South Carolina, opened in 1975. A wheel
bearing hub assembly plat has been located in Blythewood, South Carolina since 1995. Koyo's U.S.
headquarters is in Westlake, Ohio, and it has a sales office and technical center in Plymouth, Michigan.
Plans for the two additional plants were announced this past August, to be side-by-side in Tennessee.
article: Koyo will build two more bearing plants in the USA
Koyo's petition states that it is seeking participation in CDSOA payouts, "as a domestic producer
of the products covered by the subject bearing orders, Koyo Corp. U.S.A. is in the zone of protected
interest."
Because the CIT has already ruled in SKF's favor on the same Equal Protection doctrine argument,
Koyo and others are likely to be granted a reprieve from continuing their attack. From the SKF
decision, the court has already instructed that the unconstitutional language in the CDSOA be stricken
and replaced with wording it suggests as legal and enforceable. The new language ensures no U.S.
manufacturer is disenfranchised by the CDSOA from collecting any antidumping duty distributions.
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- by Bruce A. Carr
from individual research,
tips and commercial sources.
Bruce Carr edited this content.
Copyrighted material; unauthorized reproduction prohibited.
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Entire contents Copyright © 1999-2010, eBearing Inc. All rights reserved.
eBearing.com and "... for everything that moves" are registered trademarks of eBearing Inc.
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