MERCK & CO., INC. v. U.S.

No. 2006-1538.

499 F.3d 1348 (2007)

MERCK & CO., INC., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

September 19, 2007.


Attorney(s) appearing for the Case

John J. Galvin, Galvin & Mlawski, of New York, NY, argued for plaintiff-appellant. Of counsel was Jack D. Mlawski.

Edward F. Kenny, Trial Attorney, International Trade Field Office, Commercial Litigation Branch, Civil Division, United States Department of Justice, of New York, NY, argued for defendant-appellee. With him on the brief were Peter D. Keisler, Assistant Attorney General, Jeanne E. Davidson, Director, and Barbara S. Williams, Attorney in Charge. Of counsel on the brief was Chi S. Choy, Office of Assistant Chief Counsel, International Trade Litigation, United States Customs and Border Protection, of New York, NY.

Before MAYER, Circuit Judge, PLAGER, Senior Circuit Judge, and LOURIE, Circuit Judge.


LOURIE, Circuit Judge.

Merck & Co., Inc. ("Merck") appeals from the decision of the United States Court of International Trade sustaining the denial by the United States Customs and Border Protection ("Customs") of Merck's claim for drawback under 19 U.S.C. § 1313(j)(2) on Merck's export of substitute, fungible goods to Canada and Mexico. Merck & Co., Inc. v. United States, 435 F.Supp...

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