YANGZHOU BESTPAK GIFTS & CRAFTS CO., LTD. v. U.S.

No. 2012-1312.

716 F.3d 1370 (2013)

YANGZHOU BESTPAK GIFTS & CRAFTS CO., LTD., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee, and Berwick Offray LLC, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

May 20, 2013.


Attorney(s) appearing for the Case

Ned H. Marshak , Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt, LLP, of New York, NY, argued for plaintiff-appellant. With him on the brief were Bruce M. Mitchell , Mark E. Pardo and Andrew T. Schutz .

Renee Gerber , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee, United States. With her on the brief was Stuart F. Delery , Acting Assistant Attorney General, Jeanne E. Davidson , Director, and Patricia M. McCarthy , Assistant Director. Of counsel on the brief was Scott D. McBride , Senior Attorney, Office of the Chief Counsel for Import Administration, United States Department of Commerce, of Washington, DC.

Gregory C. Dorris , Pepper Hamilton LLP, of Washington, DC, argued for defendant-appellee, Berwick Offray LLC.

Before RADER, Chief Judge, MAYER, and PROST, Circuit Judges.


RADER, Chief Judge.

Yangzhou Bestpak Gifts & Crafts Co., Ltd. (Bestpak) appeals from a final judgment of the United States Court of International Trade concerning its importation of narrow woven ribbons with woven selvedge from China. Yangzhou Bestpak Gifts & Crafts Co. v. United States, 825 F.Supp.2d 1346 (Ct. Int'l Trade 2012) (Bestpak II). The Court of International Trade sustained the United States...

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