FORD MOTOR CO. v. U.S.

No. 2014-1581.

809 F.3d 1320 (2016)

FORD MOTOR COMPANY, Plaintiff-Appellant v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

January 6, 2016.


Attorney(s) appearing for the Case

Stephanie A. Douglas , Bush Seyferth & Paige, PLLC, Troy, MI, argued for plaintiff-appellant. Also represented by Ned H. Marshak , Joseph Martin Spraragen , Robert B. Silverman , Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP, New York, N.Y.

Edward Francis Kenny , International Trade Field Office, Commercial Litigation Branch, Civil Division, United States Department of Justice, New York, N.Y., argued for defendant-appellee. Also represented by Joyce R. Branda , Jeanne E. Davidson , Amy M. Rubin .

Dissenting opinion filed by Circuit Judge REYNA.


This appeal concerns Customs and Border Protection's ("Customs") decision to treat Ford Motor Company's ("Ford") duty refund claims under the North American Free Trade Agreement ("NAFTA") differently depending on whether those claims were filed traditionally or through an electronic process known as "reconciliation." We previously...

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