FORD MOTOR CO. v. U.S.

No. 2010-1238.

635 F.3d 550 (2011)

FORD MOTOR COMPANY, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

March 21, 2011.


Attorney(s) appearing for the Case

Ned H. Marshak , Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP, of New York, New York, argued for plaintiff-appellant. With him on the brief were Robert B. Silverman and Joseph M. Spraragen . Of counsel on the brief was Paulsen K. Vandevert , The Ford Motor Company, of Dearborn, Michigan.

Justin R. Miller , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of New York, New York, argued for defendant-appellee. With him on the brief were Barbara S. Williams , Attorney in Charge; and Tony West , Assistant Attorney General, and Jeanne E. Davidson , Director, of Washington, DC. Of counsel was Edward F. Kenny , Attorney. Of counsel on the brief was Beth C. Brotman , Office of Assistant Chief Counsel, United States Customs and Border Protection, of New York, New York.

Before LOURIE, LINN, and DYK, Circuit Judges.


DYK, Circuit Judge.

Ford Motor Company ("Ford") appeals from a final judgment of the United States Court of International Trade ("Trade Court"). The Trade Court dismissed for lack of jurisdiction Ford's action challenging the denial by U.S. Customs and Border Protection ("Customs") of Ford's claims for post-entry duty refunds under the North American Free Trade Agreement, U.S.-Can.-Mex., Dec. 17, 1992, 32 I.L.M. 289 (1993) [hereinafter NAFTA]. Ford Motor Co. v...

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