United States First Circuit

In a suit by an importer of foreign cement seeking a declaratory judgment that two statutes of Puerto Rico violate the dormant foreign commerce clause, the district court's judgment invalidating the statutes is affirmed in part and reversed in part, where: 1) the federal Buy American Act does not preempt the statutes; 2) Puerto Rico, by its statute requiring that local construction projects financed with funds from the federal government or the Commonwealth of Puerto Rico use only construction materials manufactured in Puerto Rico, is acting as a market participant not subject to the Commerce Clause; and 3) certain provisions of Puerto Rico's statute imposing labeling requirements on cement sold in Puerto Rico discriminate against sellers of foreign cement in violation of the dormant foreign commerce clause.

Appellate Information

• Decided 01/17/2012
• Published 01/17/2012

Judges

• Howard

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Angel E. Rotger-Sabat, Hector Saldana-Egozcue