GENERRA SPORTSWEAR CO. v. U.S.

No. 89-1652.

905 F.2d 377 (1990)

GENERRA SPORTSWEAR COMPANY, Plaintiff-Appellee, v. The UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing Denied June 18, 1990.


Attorney(s) appearing for the Case

Michael S. O'Rourke and Patrick D. Gill, Rode & Qualey, New York City, argued for plaintiff-appellee. With them on the brief were William J. Maloney and Eleanore Kelly-Kobayashi.

John J. Mahon, Commercial Litigation Branch, Dept. of Justice, New York City, argued for defendant-appellant. With him on the brief were Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director and Joseph I. Liebman, Atty. in Charge, Intern. Trade Field Office. Also on the brief were Steven Berke and Chi Choy, U.S. Customs Services, Office of the Asst. Chief Counsel, Intern. Trade Litigation, of counsel.

Vincent James Adduci, II, Adduci, Mastriani, Meeks & Schill, Washington, D.C., was on the brief for amicus curiae, American Fiber Textile Apparel Coalition.

Before NEWMAN and MAYER, Circuit Judges, and DUPLANTIER, District Judge.


OPINION

MAYER, Circuit Judge.

The United States appeals the judgment of the United States Court of International Trade, 715 F.Supp. 1101 (1989), holding that a payment made on behalf of Generra Sportswear Company to a Hong Kong exporter for quota should not have been included in transaction value under 19 U.S.C. § 1401a(b)(1) (1988) and ordering the United States Customs Service to refund excess duties collected...

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