BESTFOODS (formerly known as CPC International, Inc.), Plaintiff-Appellee,
v.
UNITED STATES, Defendant-Appellant.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
Decided July 26, 2001.
Decided July 26, 2001.
Attorney(s) appearing for the Case
John M. Peterson, Neville, Peterson & Williams, of New York, New York, argued for plaintiff-appellee. With him on the brief, were Curtis W. Knauss; and George W. Thompson, of Washington, DC.
Armando O. Bonilla, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellant. With him on the brief, were David M. Cohen, Director; and Jeanne E. Davidson, Deputy Director. Of counsel on the brief, was Louis W. Brenner, Jr., Attorney, Office of General Counsel, Department of the Treasury, of Washington, DC. Also of counsel on the brief, were Sandra L. Bell, Supervisory Attorney Advisor; and Monika R. Brenner, Attorney Advisor, Office of Regulations & Rulings, U.S. Customs Service, of Washington, DC.
Before NEWMAN, Circuit Judge, ARCHER, Senior Circuit Judge, and BRYSON, Circuit Judge.
United States Court of Appeals, Federal Circuit.
ARCHER, Senior Circuit Judge.
The United States appeals from the judgment of the Court of International Trade holding that 19 C.F.R. § 102.13(b) is arbitrary, capricious, an abuse of discretion, and otherwise contrary to law. Bestfoods v. United States,110 F.Supp.2d 965 (Ct. Int'l Trade 2000). This regulation withholds de minimis treatment under the federal marking statute from most agricultural products. Concluding...
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