FORD MOTOR CO. v. U.S.

No. 98-1066.

157 F.3d 849 (1998)

FORD MOTOR COMPANY, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

September 14, 1998.


Attorney(s) appearing for the Case

R. Ted Cruz, Cooper, Carvin & Rosenthal, PLLC, Washington, DC, argued, for plaintiff-appellant. With him on the brief was Charles J. Cooper. Of counsel on the brief were C. Harry Gibson, Ford Motor Company, Dearborn, MI, and S. Richard Shostak, Stein, Shostak, Shostak & O'Hara, Los Angeles, CA.

Amy M. Rubin, Civil Division, Commercial Litigation Branch, International Trade Field Office, New York City, argued, for defendant-appellee. With her on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, U.S. Department of Justice, Washington, DC, Joseph I. Liebman, Attorney in Charge, International Trade Field Office. Of counsel on the brief was Sheryl A. French, Office of Assistant Chief Counsel, International Trade Litigation, U.S. Customs Service, New York City.

Before MAYER, Chief Judge, and LOURIE and RADER, Circuit Judges.


RADER, Circuit Judge.

On summary judgment, the United States Court of International Trade upheld the United States Customs Service's (Customs') liquidation of duties on truck parts imported from one of Ford Motor Corporation's (Ford's) foreign trade subzones (FTSZs). See 979 F.Supp. 874 (Ct. Int'l Trade 1997). Because genuine issues of material fact prevent a determination of whether Customs abused its discretion in extending...

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