TABACOS DE WILSON, INC. v. U.S.

Slip Op. 18-81 Court No. 18-00059.

324 F.Supp.3d 1304 (2018)

TABACOS DE WILSON, INC.; Tabacco Rag Processors, Inc.; Brown-USA, Inc.; Nippon America Group/Okura USA Inc.; Skate One Corporation; Alliance International, CHB, Inc.; C.J. Holt & Company, Inc.; Customs Advisory Services, Inc., Plaintiffs, v. UNITED STATES of America, U.S. Customs & Border Protection, Steven T. Mnuchin, in his official capacity as Secretary of the Treasury, and Kevin K. McAleenan, in his official capacity as Commissioner, U.S. Customs & Border Protection, Defendants.

United States Court of International Trade.

Dated: June 29, 2018.


Attorney(s) appearing for the Case

John Peterson , Neville Peterson, LLP, of New York, NY, argued for Plaintiffs Tabacos de Wilson, Inc., Tobacco Rag Processors, Inc., Brown-USA, Inc., Nippon America Group/Okura USA Inc., Skate One Corporation, Alliance International, CHB, Inc., C.J. Holt & Company, Inc., and Customs Advisory Services, Inc. With him on the brief were Richard O'Neill and Russell Semmel, Neville Peterson, LLP, of New York, NY.

Justin Miller , International Trade Field Office, U.S. Department of Justice, of New York, NY, argued for Defendants United States; United States Customs and Border Protection; Steven T. Mnuchin , Secretary of Treasury; and Kevin K. McAleenan , Acting Commissioner of U.S. Customs & Border Protection. Also on the brief were Alexandra Khrebtukova , Office of Chief Counsel, International Trade Litigation, U.S. Customs and Border Protection, of New York, NY, and Jamie Shookman , International Trade Field Office, U.S. Department of Justice, of New York, NY.


OPINION

In this action challenging a guidance document issued by the United States Customs and Border Protection ("CBP") to regulate drawback claims in the interim period while new regulations implementing the Trade Facilitation and Trade Enforcement...

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