HITACHI HOME ELECTRONICS (AMERICA), INC. v. U.S.

No. 2010-1345.

676 F.3d 1041 (2012)

HITACHI HOME ELECTRONICS (AMERICA), INC., Plaintiff-Appellant, v. UNITED STATES, United States Customs and Border Protection, and Rosa Hernandez, Port Director, United States Customs and Border Protection, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

March 30, 2012.


Attorney(s) appearing for the Case

Sidney N. Weiss , of New York, New York, filed a petition for panel rehearing and rehearing en banc for plaintiff-appellant. With him on the petition was Steven B. Zisser , Zisser Customs Law Group, PC, of San Diego, California.

Justin R. Miller , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of New York, New York, filed a response to the petition for defendants-appellees. With him on the response were Barbara S. Williams , Attorney in Charge, International Trade Field Office; Tony West , Assistant Attorney General, and Jeanne E. Davidson , Director, of Washington, DC. Of counsel was Paula S. Smith , Office of Assistant Chief Counsel, International Trade Litigation, United States Customs and Border Protection, of New York, New York.

John M. Peterson , Neville Peterson LLP, of New York, New York, for amicus curiae American Association of Exporters and Importers. With him on the brief was Richard F. O'Neill.

Michael S. O'Rourke , Customs and International Trade Bar Association, of New York, New York, for amicus curiae Customs and International Trade Bar Association.

REYNA, Circuit Judge, with whom NEWMAN, Circuit Judge, joins, dissents from the denial of the petition for rehearing en banc.


ORDER

PER CURIAM.

A combined petition for panel rehearing and rehearing en banc was filed by Plaintiff-Appellant, and a response thereto was invited by the court and filed by Defendants-Appellees.

The petition for panel rehearing was considered by the panel that heard the appeal, and thereafter the petition for rehearing en banc, response, and briefs amicus curiae were referred to the circuit judges who...

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