FABIL MFG. CO. v. U.S.

No. 99-1566.

237 F.3d 1335 (2001)

FABIL MANUFACTURING CO., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

DECIDED January 23, 2001.


Attorney(s) appearing for the Case

Thomas J. Kovarcik, of New York, New York, for plaintiff-appellant.

Aimee Lee, Attorney, Civil Division, Commercial Litigation Branch, Department of Justice, of New York, New York, for defendant-appellee. With her on the brief were David W. Ogden, Assistant Attorney General; David M. Cohen, Director, Commercial Litigation Branch, Civil Division, of Washington, DC; and Joseph I. Liebman, Attorney in Charge, International Trade Field Office, of New York, New York. Of counsel on the brief was Chi S. Choy, Attorney, Office of Assistant Chief Counsel, International Trade Litigation, United States Customs Service, of New York, New York.

Before RADER, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and GAJARSA, Circuit Judge.


FRIEDMAN, Senior Circuit Judge.

The appellant Fabil Manufacturing Company (Fabil) filed this action in the Court of International Trade to recover the amounts it had paid as duties on imported merchandise which, it alleged, was latently defective and worthless. The court granted the government's motion for summary judgment because Fabil could not link the defects in the merchandise to particular entries covering the merchandise. We hold that in the circumstances of...

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