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TIMEX V.I., INC. v. U.S.

No. 97-1520.

157 F.3d 879 (1998)

TIMEX V.I., INC., Plaintiff-Appellant, v. UNITED STATES, William Daley, Secretary of the Department of Commerce, Bruce Babbitt, Secretary of the Department of Interior, Frank Creel, Director, Statutory Import Programs Staff, Import Administration and Department of Commerce, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

September 23, 1998.

Attorney(s) appearing for the Case

Frank T. Judge, III, Timex Corporation, of Middlebury, Connecticut, argued for plaintiff-appellant.

Velta A. Melnbrencis, Assistant Director, Civil Division, Commercial Litigation Branch, U.S. Department of Justice, Washington, DC, argued for defendants-appellees. With her on the brief were Frank W. Hunger, Assistant Attorney General and David M. Cohen, Director. Of counsel on the brief were Stephen J. Powell, Chief Counsel for Import Administration, Bernice A. Browne, Senior Counsel, and Robert E. Nielsen, Attorney, Office of Chief Counsel for Import Administration, U.S. Department of Commerce, Washington, DC.

Before MAYER, Chief Judge, PLAGER and SCHALL, Circuit Judges.

PLAGER, Circuit Judge.

This case presents a question of statutory construction, one of first impression. The statute at issue provides benefits on an annual basis to those companies that produce wristwatches in the United States insular possessions, e.g., the Virgin Islands. See Harmonized Tariff Schedule of the United States, § XVIII, ch. 91, Additional U.S. Note 5, para. (h)(i) (Supp. I 1995). The question presented is whether, in order to qualify...

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