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SUNPREME INC. v. U.S.

2017-1338, 2017-1351.

892 F.3d 1186 (2018)

SUNPREME INC., Plaintiff-Appellee v. UNITED STATES, Solarworld Americas, Inc., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

Decided: June 14, 2018.

Attorney(s) appearing for the Case

NANCY NOONAN , Arent Fox, LLP, Washington, DC, argued for plaintiff-appellee. Also represented by JOHN M. GURLEY , DIANA DIMITRIUC QUAIA .

JUSTIN REINHART MILLER , International Trade Field Office, Commercial Litigation Branch, Civil Division, United States Department of Justice, New York, NY, argued for defendant-appellant United States. Also represented by CHAD A. READLER , JEANNE E. DAVIDSON , REGINALD T. BLADES, JR. ; PAULA S. SMITH , Office of the Assistant Chief Counsel, United States Bureau of Customs and Border Protection, United States Department of Homeland Security, New York, NY.

MAUREEN E. THORSON , Wiley Rein, LLP, Washington, DC, argued for defendant-appellant SolarWorld Americas, Inc. Also represented by TIMOTHY C. BRIGHTBILL , STEPHANIE MANAKER BELL , TESSA V. CAPELOTO , LAURA EL-SABAAWI , DERICK HOLT , USHA NEELAKANTAN , ADAM MILAN TESLIK .

Before Newman, Lourie, and Reyna, Circuit Judges.

SolarWorld America Inc. and the United States appeal from the judgment of the United States Court of International Trade in favor of Sunpreme Inc., concluding that the United States Customs and Border Protection exceeded its authority in reaching a determination that certain products imported by Sunpreme are covered by the...

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