United States Federal Circuit

The federal circuit decision Texaco Marine Serv., Inc. v. US, 44 F.3d 1539, 1543-44 (Fed. Cir. 1994) changed Customs- policy towards dutiability of vessel repair expenses under 19 USC 1466(a). Since Customs did not initiate the change, the policy reasons for notice and comment embedded in 19 USC 1625(c) do not apply.

Appellate Information

• Decided 02/16/2001
• Published 02/16/2001

Judges

• SCHALL, Circuit Judge., Before SCHALL, BRYSON, and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Evelyn M. Suarez,Sonnenschein, Nath & Rosenthal, of Washington, DC, argued for plaintiff-appellant.   With her on the brief was Myles J. Ambrose, Arter & Hadden LLP, of Washington, DC. Also on the brief for American Ship Management, LLC, was Charles Routh, Garvey, Schubert & Barer, of Seattle, WA. Of counsel was Marc Richard Baluda, Arter & Hadden, LLP, of Washington, DC., Lauren R. Howard, Collier, Shannon, Rill & Scott, PLLC, of Washington, DC, argued for amicus curiae Shipbuilders Council of America, Inc.


• For Appellees:
  
• Barbara S. Williams, Attorney, Commercial Litigation Branch, Civil Division, International Trade Field Office, Department of Justice, of New York, NY, argued for defendant-appellee.   With her on the brief were David M. Cohen, Director, Commercial Litigation Branch, of Washington, DC;  and Joseph I. Liebman, Attorney in Charge, International Trade Field Office, of New York, NY. Of counsel on the brief is Karen P. Binder, Office of Assistant Chief Counsel, International Trade Litigation, U.S. Customs Service, of New York, NY.