AMMEX, INC. v. U.S.

No. 04-1604.

419 F.3d 1342 (2005)

AMMEX, INC., Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

August 17, 2005.


Attorney(s) appearing for the Case

Brian S. Goldstein, Duane Morris LLP, of New York, New York, argued for plaintiff-appellee. On the brief were J. William Koegel, Jr., Herbert C. Shelley and Alice A. Kipel, Steptoe & Johnson, LLP, of Washington, DC. Of counsel was Bruce C. Bishop.

Amy M. Rubin, Attorney, International Trade Field Office, Civil Division, United States Department of Justice, of New York, New York, argued for defendant-appellant. With her on the brief were Peter D. Keisler, Assistant Attorney General, 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, United States Customs and Border Protection, of New York, New York.

Before LOURIE, RADER, and GAJARSA, Circuit Judges.


RADER, Circuit Judge.

The United States Court of International Trade determined that the United States Customs Service (Customs) wrongfully revoked permission for Ammex to sell duty-free fuel from its Class 9 Customs bonded warehouse. Ammex, Inc. v. United States, 116 F.Supp.2d 1269 (Ct. Int'l Trade 2000) (Ammex I). Because Customs issued its Revocation Ruling without first ascertaining whether any federal tax...

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