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B-WEST IMPORTS, INC. v. U.S.

No. 95-1326.

75 F.3d 633 (1996)

B-WEST IMPORTS, INC. and Hing Long Trading Co., Plaintiffs, and K-Sports Imports, Inc., Century Arms, Inc., Intrac Corporation, Northwest Imports, J's Pacific Enterprise, Inc. and Sportarms of Florida, Plaintiffs-Appellants, v. The UNITED STATES, Warren Christopher, Secretary of State, Robert E. Rubin, Secretary of the Treasury, George Wiese, Commissioner of the United States Customs Service, Karen J. Hiatt, Assistant Commissioner of the United States Customs Service, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

January 25, 1996.

Attorney(s) appearing for the Case

Donald R. Dinan, O'Connor & Hannan, Washington, DC, argued for plaintiffs-appellants. With him on the brief were William W. Nickerson and Craig A. Koenigs.

Jeffrey M. Telep, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, DC, argued for defendants-appellees. With him on the brief were Frank W. Hunger, Assistant Attorney General and David M. Cohen, Director. Of counsel were Imelda Koett and J. Harold Rees, Bureau of Alcohol, Tobacco & Firearms, Department of Treasury. Also of counsel was Orde Kittrie, Political-Military Affairs, Office of the Legal Advisor, United States Department of State and Ellen McClain, Office of Chief Counsel, United States Customs Service.

Before NEWMAN, LOURIE, and BRYSON, Circuit Judges.

BRYSON, Circuit Judge.

The dispute in this case arises out of a ban on the importation of arms from the People's Republic of China declared by the President and instituted under the Arms Export Control Act (AECA), 22 U.S.C. § 2778. The appellants, companies engaged in the business of importing arms from China, filed suit in the Court of International Trade challenging the ban on statutory, regulatory, and constitutional grounds. The court rejected all of the...

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