NATIONAL ASS'N OF MFRS. v. DEPARTMENT OF TREASURY

2020-1734.

10 F.4th 1279 (2021)

The NATIONAL ASSOCIATION OF MANUFACTURERS, The Beer Institute, Plaintiffs-Appellees v. DEPARTMENT OF the TREASURY, United States Customs and Border Protection, Janet Yellen, in Her Official Capacity as Secretary of the Treasury, Troy Miller, in His Official Capacity as Senior Official Performing the Duties of the Commissioner For U.S. Customs and Border Protection, Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

Decided: August 23, 2021.


Attorney(s) appearing for the Case

Peter D. Keisler , Sidley Austin LLP, Washington, DC, argued for all plaintiffs-appellees. Plaintiff-appellee National Association of Manufacturers also represented by Barbara Guy Broussard , Tobias Samuel Loss-Eaton , Virginia Anne Seitz ; Catherine Emily Stetson , Hogan Lovells US LLP, Washington, DC.

James Edward Tysse , Akin Gump Strauss Hauer & Feld LLP, for plaintiff-appellee The Beer Institute. Also represented by Lars-Erik Arthur Hjelm , Lide E. Paterno , Devin S. Sikes.

August Flentje , Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, argued for all defendants-appellants. Also represented by Claudia Burke , Jeffrey B. Clark , Jeanne Davidson , Justin Reinhart Miller , Alexander J. Vanderweide , Commercial Litigation Branch, Civil Division, United States Department of Justice, New York, NY; Daniel J. Paisley , United States Department of the Treasury, Washington, DC.

Alexandra Khrebtukova , Office of the Assistant Chief Counsel, Bureau of Customs and Border Protection, United States Department of Homeland Security, New York, NY, for defendant-appellant United States Customs and Border Protection.

John Michael Peterson , Neville Peterson LLP, New York, NY, for amicus curiae Customs Advisory Services, Inc. Also represented by Patrick Klein , Richard F. O'Neill .

Before Lourie, Prost, and Reyna, Circuit Judges.


This case involves the interaction of federal excise taxes and duty drawbacks for wine in the United States. The United States Government appeals from a judgment by the United States Court of International Trade holding that a set of regulations, collectively described herein as the Rule, promulgated in 2018 by the Department...

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