JAZZ PHOTO CORP. v. U.S.

Nos. 05-1096, 05-1109, 05-1175.

439 F.3d 1344 (2006)

JAZZ PHOTO CORPORATION, Plaintiff-Cross-Appellant, v. UNITED STATES, Defendant-Appellant. and Fuji Photo Film Co., Ltd., Movant-Appellant.

United States Court of Appeals, Federal Circuit.

February 28, 2006.


Attorney(s) appearing for the Case

John M. Peterson, Neville Peterson LLP, of New York, New York, argued for plaintiff-cross appellant. With him on the brief were Curtis W. Knauss and Maria E. Celis, of New York, New York; and, George W. Thompson and Catherine Chess Chen, of Washington, DC.

Patricia M. McCarthy, Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant. With her on the brief were Peter D. Keisler, Assistant Attorney General; David M. Cohen, Director; and David S. Silverbrand, Attorney. Of counsel on the brief were Karen P. Binder, Assistant Chief Counsel, and Beth C. Brotman, Senior Attorney, Office of Assistant Chief Counsel, International Trade Litigation, United States Customs and Border Protection, of New York, New York.

Lawrence Rosenthal, Stroock & Stroock & Lavan LLP, of New York, New York, argued for movant-appellant. With him on the brief were Matthew W. Siegal and Kevin C. Ecker. Of counsel was Angie M. Hankins. Also of counsel were Will E. Leonard and Harvey B. Fox, Adduci, Mastriani & Schaumberg, LLP, of Washington, DC.

Before NEWMAN, LOURIE, and SCHALL, Circuit Judges.


LOURIE, Circuit Judge.

The United States and Fuji Photo Film Co., Ltd. ("Fuji") appeal from the final decision of the Court of International Trade ordering the United States Bureau of Customs and Border Protection ("Customs") to release for entry certain Jazz Photo Corporation ("Jazz") lens-fitted film packages ("LFFPs") from two shipments that were denied entry by Customs on August 25 and 26, 2004, and ordering Customs to allow Jazz to complete the process of segregating...

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