TRAVENOL LABORATORIES, INC., Plaintiff-Appellant,
v.
The UNITED STATES, Defendant-Appellee.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
July 2, 1997.
July 2, 1997.
Attorney(s) appearing for the Case
Mark S. Zolno, Katten, Muchin & Zavis, Chicago, IL, argued, for plaintiff-appellant. With him on the brief was Michael E. Roll. Of counsel on the brief was Charles R. Mattenson, Corporate Counsel, Baxter Healthcare Corporation, McGaw Park, IL.
James A. Curley, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, New York City, argued, for defendant-appellee. With him on the brief were Frank W. Hunger, Assistant Attorney General, and David M. Cohen, Director, Washington, DC, and Joseph I. Liebman, Attorney in Charge, International Trade Field Office, New York City. Of counsel on the brief was Sheryl A. French, Office of Assistant Chief Counsel, United States Customs Service, New York City.
James F. O'Hara, Stein Shostak Shostak & O'Hara, Los Angeles, CA, for amici curiae Nike, Inc. and Nissho Iwai American Corporation. Of counsel on the brief was Michael P. Maxwell, Law Offices of Michael P. Maxwell, Los Angeles, CA.
Michael P. Maxwell, Law Offices of Leonard M. Fertman, P.C., Los Angeles, CA, for amicus curiae Technicolor Videocassette, Inc. Corporation.
Steven P. Kersner, Kersner & Associates, of Washington, DC, for amicus curiae Dal-Tile Corporation. With him on the brief was Roger Banks.
United States Court of Appeals, Federal Circuit.
CLEVENGER, Circuit Judge.
This case asks whether certain provisions of the Customs Modernization Act (Mod Act) apply to goods entered before, but liquidated after, that act's effective date of December 8, 1993. The Customs Service (Customs) contends, and the Court of International Trade agreed, that application of those provisions to such goods would be retroactive and impermissible, given the lack of a clear statement by Congress that it intended those provisions...
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