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G & R PRODUCE CO. v. U.S.

No. 04-1082.

381 F.3d 1328 (2004)

G & R PRODUCE COMPANY, Frontera Produce, Inc., G-M Sales Co., I. Kunick Co., Limeco, Inc., London Fruit, Inc., McAllen Fruit & Vegetable Co., Rio Produce Co., Robert Ruiz, Inc., Trevino International, Inc., Val-Verde Vegetable Co., Plaintiffs-Appellees, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

August 27, 2004.

Attorney(s) appearing for the Case

Robert T. Givens, Givens & Johnston, PLLC, of Houston, TX, argued for plaintiffs-appellees. With him on the brief was Scott L. Johnston. Of counsel was Joseph A. Acayan.

Amy M. Rubin, Attorney, International Trade Field Office, Commercial Litigation Branch, Civil Division, United States Department of Justice, of New York, NY, argued for defendant-appellant. With her on the brief were Peter D. Keisler, Assistant Attorney General; and David M. Cohen, Director, Commercial Litigation Branch, Civil Division, of Washington, DC; and Barbara S. Williams, Attorney in Charge, International Trade Field Office. Of counsel on the brief was Beth C. Brotman, Chief Counsel, U.S. Customs and Border Protection, of New York, NY.

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

MAYER, Chief Judge.

The United States Customs Service ("Customs") appeals the judgment of the Court of International Trade, which held that: (1) the misclassification of Persian limes imported by G & R Produce Company and ten other importers (collectively "G & R") resulted from a mistake of fact; and (2) the entries should therefore be reliquidated pursuant to 19 U.S.C. § 1520(c)(1).1

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