SAAB CARS USA, INC. v. U.S.

No. 04-1268, 04-1416.

434 F.3d 1359 (2006)

SAAB CARS USA, INC., Plaintiff-Appellant, v. UNITED STATES, Defendant-Cross Appellant.

United States Court of Appeals, Federal Circuit.

January 17, 2006.


Attorney(s) appearing for the Case

Judith A. Lee, Gibson, Dunn, & Crutcher LLP, of Washington, DC, argued for plaintiff-appellant. Of counsel was Michael K. Stransky.

Barbara S. Williams, Attorney in Charge, International Field Office, Commercial Litigation Branch, Civil Division, United States Department of Justice, of New York, New York, argued for defendant-cross 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. Of counsel was Yelena Slepak, Attorney, Office of Assistant Chief Counsel, United States Customs Service, of New York, New York.

Thomas J. Kovarcik, of New York, New York, for amicus curiae Volkswagen of America, Inc.

Before SCHALL, GAJARSA, and PROST, Circuit Judges.


GAJARSA, Circuit Judge.

Saab Cars USA, Inc. ("Saab" or "appellant") appeals from two judgments of the Court of International Trade ("CIT") affirming, in part, decisions of the United States Customs Service ("Customs") denying Saab's protest of decisions denying duty allowances for defective imported automobiles. The first, issued July 14, 2003, denied both parties' summary judgment motions. Saab Cars USA, Inc. v. United States, 276 F.Supp...

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