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GILDA INDUSTRIES, INC. v. U.S.

Slip Op. 09-58. Court No. 07-00474.

625 F.Supp.2d 1377 (2009)

GILDA INDUSTRIES, INC., Plaintiff, and Nestlé Waters North America, Inc., Plaintiff-Intervenor, v. UNITED STATES, Defendant.

United States Court of International Trade.

June 16, 2009.

Attorney(s) appearing for the Case

Peter S. Herrick, Miami, FL, for plaintiff Gilda Industries, Inc.

Hogan & Hartson, LLP (Jonathan T. Stoel and Craig A. Lewis), Washington, DC, for plaintiff-intervenor Nestlé Waters North America, Inc.

Tony West, Assistant Attorney General; Jeanne E. Davidson, Director, Patricia M. McCarthy, Assistant Director, Civil Division, Commercial Litigation Branch, United States Department of Justice (David S. Silverbrand); Office of the General Counsel for the United States Trade Representative (William Busis), of counsel, for The United States of America.

Before MUSGRAVE, Senior Judge.

OPINION

MUSGRAVE, Senior Judge.

This case involves the retaliatory tariffs imposed by the United States Trade Representative ("USTR") in connection with the so called "EC-Beef Hormones" dispute. Plaintiff Gilda Industries, Inc. ("Gilda"), an importer of toasted breads from Spain, contends that the USTR's authority to impose retaliatory duties expired by operation of law in July 2007, and seeks a refund of the duties that it paid between July 29, 2007...

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