FORD MOTOR CO. v. U.S.

No. 2011-1134.

688 F.3d 1319 (2012)

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

United States Court of Appeals, Federal Circuit.

August 10, 2012.


Attorney(s) appearing for the Case

Gregory G. Garre , Latham & Watkins, LLP, of Washington, DC, argued for plaintiff-appellant. On the brief was Matthew W. Caligur , Baker & Hostetler, LLP, of Houston, TX. Of counsel was Paulsen King Vandevert , Ford Motor Company, of Dearborn, MI.

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

Before RADER, Chief Judge, DYK and REYNA, Circuit Judges.


REYNA, Circuit Judge.

This case concerns the jurisdiction of the Court of International Trade to review U.S. Customs and Border Protection's ("CBP's") assessments of duties on goods imported into the nation. The process for bringing such customs transactions to final resolution is called "liquidation." 19 C.F.R. § 159.1. In this case, the importer filed for declaratory judgment that CBP had failed to liquidate in the time required by law. Its complaint asserted...

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