VOLKSWAGEN OF AMERICA, INC. v. U.S.

No. 2007-1518.

540 F.3d 1324 (2008)

VOLKSWAGEN OF AMERICA, INC., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

August 22, 2008.


Attorney(s) appearing for the Case

Thomas J. Kovarcik, of New York, New York, argued for plaintiff-appellant.

Barbara S. Williams, Attorney in Charge, International Trade Field Office, Commercial Litigation Branch Civil Division, United States Department of Justice, of New York, New York, argued for defendant-appellee. With her on the brief were Jeffrey S. Bucholtz, Acting Assistant Attorney General, and Jeanne E. Davidson, Director, of Washington, DC. Of counsel on the was Yelena Slepak, Office of Assistant Chief Counsel, International Trade Litigation, United States Bureau of Customs and Border Protection, of New York, New York.

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


DYK, Circuit Judge.

In this customs case, we again address issues concerning the allowance for merchandise alleged to be defective at the time of importation under 19 C.F.R. § 158.12. Plaintiff-Appellant Volkswagen of America, Inc. ("Volkswagen"), appeals from a final judgment of the United States Court of International Trade in favor of Defendant-Appellee United States ("the government"). The Court of International Trade held that: 1) it lacked jurisdiction...

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