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GILDA INDUSTRIES, INC. v. U.S.

No. 2007-1172.

511 F.3d 1348 (2008)

GILDA INDUSTRIES, INC., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

January 4, 2008.

Attorney(s) appearing for the Case

Peter S. Herrick, of Miami, FL, argued for plaintiff-appellant.

Maame A.F. Ewusi-Mensah, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. On the brief were Peter D. Keisler, Acting Attorney General, Jeanne E. Davidson, Director, and David S. Silverbrand, Attorney.

Before BRYSON, Circuit Judge, ARCHER, Senior Circuit Judge, and DYK, Circuit Judge.

BRYSON, Circuit Judge.

Gilda Industries, Inc., imports toasted breads from Spain. Gilda began this action as a challenge to decisions of the United States Trade Representative regarding the compilation and maintenance of a "retaliation list" of imported products that includes toasted breads. The retaliation list comprises products for which the Trade Representative decided to suspend tariff concessions as a means of retaliating against the European Community for its...

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