United States Federal Circuit

Because 19 U.S.C. section 1505 does not expressly and unequivocally waive sovereign immunity for interest awards on drawbacks, the U.S. Customs Service's denial of interest on an importer's drawbacks was proper.

Appellate Information

• Decided 05/17/2002
• Published 05/20/2002

Judges

• RADER, Circuit Judge., Before CLEVENGER, RADER, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Rufus E. Jarman, Jr.,Barnes, Richardson & Colburn, of New York, New York, argued for plaintiff-appellant.   With him on the brief was Kevin W. Leonard.


• For Appellees:
  
• James A. Curley, Attorney, International Trade Field Office, Department of Justice, of New York, New York, argued for defendant-appellee.   With him on the brief were Stuart E. Schiffer, Acting Assistant Attorney General;  David M. Cohen, Director, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC;  and Joseph I. Liebman, Former Attorney in Charge, International Trade Field Office.   Of counsel on the brief was Chi S. Choy, Attorney, Office of Assistant Chief Counsel, U.S. Customs Service, of New York, New York.