ARCHER DANIELS MIDLAND CO. v. U.S.

Attorney(s) appearing for the Case

Lawrence M. Friedman, Barnes, Richardson & Colburn, of Chicago, IL, argued for plaintiff-appellant. With him on the brief were Carolyn D. Amadon, and Shama K. Patari.

Amy M. Rubin, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of New York, NY, argued for defendant-appellee. With her on the brief were Jeanne E. Davidson, Director, and Barbara S. Williams, Attorney in Charge, International Trade Field Office. Of counsel was Beth C. Brotman, Attorney, Office of Assistant Chief Counsel, International Trade Litigation, United States Customs and Border Protection, of New York, NY.

Michael K. Tomenga, Neville Peterson LLP, of Washington, DC, for amicus curiae Cargill Nutri-Products, Inc. With him on the brief was Casey K. Richter.

Opinion for the court filed by Circuit Judge DYK. Dissenting opinion filed by Circuit Judge GAJRSA.