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GILDA INDUSTRIES, INC. v. U.S.

No. 2009-1492.

622 F.3d 1358 (2010)

GILDA INDUSTRIES, INC., Plaintiff-Appellee, and Nestle Waters North America, Inc., Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

October 13, 2010.

Attorney(s) appearing for the Case

Peter S. Herrick , Peter S. Herrick, P.A., of Miami, FL, argued for plaintiff-appellee Gilda Industries, Inc.

Jonathan T. Stoel , Hogan & Hartson LLP of Washington, DC, argued for plaintiff-appellee Nestle Waters North America, Inc. With him on the brief was Craig A. Lewis .

David S. Silverbrand , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee United States. With him on the brief were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director, and Patricia M. McCarthy , Assistant Director.

Mark R. Sandstrom , Law Offices of Mark R. Sandstrom, for amicus curiae Cheese Importers Association of America, Inc. Of counsel on the brief was John C. Steinberger .

Before RADER, Chief Judge, NEWMAN, and PLAGER, Circuit Judges.

NEWMAN, Circuit Judge.

The government appeals from a decision of the Court of International Trade holding that a retaliatory duty order assessing duties against certain imports of Gilda Industries, Inc. had terminated by operation of law. The Court of International Trade ordered liquidation of Gilda's goods without assessment of the duty, and ordered the government to refund, with interest, the 100 percent ad valorem duty that Gilda paid on products imported after...

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