United States Federal Circuit

19 CFR 102.13(b), withholding de minimis treatment under the federal marking statute from most agricultural products, is a valid exercise of discretion by the United States Customs Service so it is not arbitrary or capricious under 5 USC 706.

Appellate Information

• Decided 07/26/2001
• Published 07/26/2001

Judges

• ARCHER, Senior Circuit Judge., Before NEWMAN, Circuit Judge, ARCHER, Senior Circuit Judge, and BRYSON, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• John M. Peterson,Neville, Peterson & Williams, of New York, NY, argued for plaintiff-appellee.   With him on the brief, were Curtis W. Knauss;  and George W. Thompson, of Washington, DC., Armando O. Bonilla, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellant.   With him on the brief, were David M. Cohen, Director;  and Jeanne E. Davidson, Deputy Director.   Of counsel on the brief, was Louis W. Brenner, Jr., Attorney, Office of General Counsel, Department of the Treasury, of Washington, DC. Also of counsel on the brief, were Sandra L. Bell, Supervisory Attorney Advisor;  and Monika R. Brenner, Attorney Advisor, Office of Regulations & Rulings, U.S. Customs Service, of Washington, DC.