No. 05-1087.

436 F.3d 1341 (2006)

CALIFORNIA INDUSTRIAL PRODUCTS, INC., Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

February 1, 2006.

Attorney(s) appearing for the Case

Mark L. Austrian, Collier Shannon Scott, PLLC, of Washington, DC, argued for plaintiff-appellee. With him on the brief was Robin H. Gilbert. Of counsel was Michael R. Kershow.

Mikki Graves Walser, Attorney, International Trade Field Office, Commercial Litigation Branch, 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, of Washington, DC; and Barbara S. Williams, Attorney in Charge, 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 and Border Protection, of New York, New York.

Before MICHEL, Chief Judge, SCHALL, and GAJARSA, Circuit Judges.


SCHALL, Circuit Judge.

The United States appeals from the final decision of the United States Court of International Trade in California Industrial Products, Inc. v. United States, 350 F.Supp.2d 1135 (Ct. Int'l Trade 2004). In its decision, the court granted the motion of California Industrial Products, Inc. ("CIP") for summary judgment and denied the government's cross-motion for summary judgment...

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