SEA-LAND SERVICE, INC., (now known as SL Service Inc.), Plaintiff-Appellant, and
American President Lines, Ltd., (now known as American Ship Management, LLC), Plaintiff-Appellant,
v.
UNITED STATES, Defendant-Appellee.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
February 16, 2001.
February 16, 2001.
Attorney(s) appearing for the Case
Evelyn M. Suarez, Sonnenschein, Nath & Rosenthal, of Washington, DC, argued for plaintiff-appellant. With her on the brief was Myles J. Ambrose, Arter & Hadden LLP, of Washington, DC. Also on the brief for American Ship Management, LLC, was Charles Routh, Garvey, Schubert & Barer, of Seattle, WA. Of counsel was Marc Richard Baluda, Arter & Hadden, LLP, of Washington, DC.
Barbara S. Williams, Attorney, Commercial Litigation Branch, Civil Division, International Trade Field Office, Department of Justice, of New York, NY, argued for defendant-appellee. With her on the brief were David M. Cohen, Director, Commercial Litigation Branch, of Washington, DC; and Joseph I. Liebman, Attorney in Charge, International Trade Field Office, of New York, NY. Of counsel on the brief is Karen P. Binder, Office of Assistant Chief Counsel, International Trade Litigation, U.S. Customs Service, of New York, NY.
Lauren R. Howard, Collier, Shannon, Rill & Scott, PLLC, of Washington, DC, argued for amicus curiae Shipbuilders Council of America, Inc.
Before SCHALL, BRYSON, and LINN, Circuit Judges.
United States Court of Appeals, Federal Circuit.
SCHALL, Circuit Judge.
Under 19 U.S.C. § 1466(a),1 a duty is imposed on the expenses of repairs on United States vessels in foreign shipyards. In Texaco Marine Services, Inc. v. United States,44 F.3d 1539, 1543-44 (Fed.Cir. 1994), we held that dutiable expenses under § 1466(a) include all expenses that would not have been incurred "but for" the vessel's repairs. In this case, Sea-Land...
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