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CENTRAL SOYA CO., INC. v. U.S.

No. 91-1324.

953 F.2d 630 (1992)

CENTRAL SOYA CO., INC., Plaintiff-Appellee, v. The UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

January 28, 1992.

Attorney(s) appearing for the Case

Carl R. Soller, Soller, Shayne & Horn, New York City, argued, for plaintiff-appellee. With him on the brief, was Margaret Hardy Sachter, of counsel.

Carla Garcia-Benitez, Commercial Litigation Branch, Dept. of Justice, New York City, argued, for defendant-appellant. With her 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, was Claib L. Cook, Atty., Chief Counsel's Office, U.S. Customs Service, of counsel.

Peter A. Greene and John C. Steinberger, Thompson, Hine & Flory, Washington, D.C., were on the brief, for amicus curiae, The BFGoodrich Co.

Joel R. Junker, Graham & Dunn, Seattle, Wash., was on the brief, for amicus curiae, American Electronics Ass'n.

Before RICH, ARCHER and CLEVENGER, Circuit Judges.

PER CURIAM.

The United States, pursuant to 28 U.S.C. § 1295(a)(5) (1988), appeals from a judgment of the United States Court of International Trade ordering the United States Customs Service to approve the application of Central Soya Co., Inc. (Central Soya) for drawback of the duty it had paid on imported crude soybean oil. Central Soya sold domestic crude soybean oil, fungible with its imported crude soybean oil, to a company that then exported the domestic...

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