N. ASSN. OF MANUFACTURERS v. U.S. DEP. OF TREASURY

Slip Op. 20-9, Court No. 19-00053.

427 F.Supp.3d 1362 (2020)

The NATIONAL ASSOCIATION OF MANUFACTURERS, Plaintiff, The Beer Institute, Intervenor-Plaintiff, v. UNITED STATES DEPARTMENT OF the TREASURY, United States Customs and Border Protection, Steven T. Mnuchin, in his official capacity as Secretary of the Treasury, and John Sanders, in his official capacity as Acting Commissioner of United States Customs and Border Protection, Defendants.

United States Court of International Trade.

Dated: January 24, 2020.


Attorney(s) appearing for the Case

Peter D. Keisler , Virginia A. Seitz , Tobias S. Loss-Eaton , and Barbara G. Broussard , Sidley Austin, LLP, of Washington, D.C., Catherine E. Stetson and Susan M. Cook , Hogan Lovells US LLP, of Washington, D.C., Peter C. Tolsdorf and Leland P. Frost , Manufacturers' Center for Legal Action, of Washington, D.C., for Plaintiff The National Association of Manufacturers.

James E. Tysse , Lars-Erik A. Hjelm , Raymond P. Tolentino , and Devin S. Sikes , Akin, Gump, Strauss, Hauer & Feld LLP, of Washington, D.C., for Intervenor-Plaintiff The Beer Institute.

Justin R. Miller , Attorney-in-Charge, International Trade Field Office, National Courts Section, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of New York, N.Y., and Alexander J. Vanderweide , Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, D.C., for Defendants United States Department of the Treasury, United States Customs and Border Protection, Steven T. Mnuchin , and John Sanders . With them on the brief were Joseph H. Hunt , Assistant Attorney General, Civil Division, U.S. Department of Justice, of Washington, D.C., David M. Morrell , Deputy Assistant Attorney General, Civil Division, U.S. Department of Justice, of Washington, D.C., Jeanne E. Davidson , Director, National Courts Section, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, D.C., Claudia Burke, Assistant Director, National Courts Section, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, D.C. Of counsel on the brief were Daniel J. Paisley , U.S. Department of the Treasury, of Washington, D.C., and Alexandra Khrebtukova , Office of the Assistant Chief Counsel, International Trade Litigation, U.S. Customs and Border Protection, of New York, N.Y.

John M. Peterson , Richard F. O'Neill , and Patrick B. Klein , Neville Peterson, LLP, of New York, N.Y., for Amicus Curiae Customs Advisory Services, Inc.


OPINION AND ORDER

The question before the court is how far should it go in interpreting statutory provisions so that they are not inconsistent with regulations that appear to address valid administrative and economic concerns of the agencies responsible for the implementation and operation of the...

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