United States Federal Circuit

An Administrative Procedure Act challenge to US Department of Commerce instructions as failing to follow a Court of International Trade order, as duly set forth in published Amended Review Results, is not mooted by liquidation of entries as a result of those instructions. The Court of International Trade's jurisdictional dismissal is therefore reversed and the matter remanded.

Appellate Information

• Decided 01/20/2004
• Published 01/20/2004

Judges

• MICHEL, Circuit Judge., Before NEWMAN, MICHEL, and RADER, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Charles H. Bayar, of Scarsdale, NY, argued for plaintiff-appellant.


• For Appellees:
  
• James A. Curley, Attorney, Civil Division, Commercial Litigation, International Trade Field Office, United States Department of Justice, of New York, NY, argued for defendant-appellee.   With him on the brief was Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, Commercial Litigation Branch of Washington, DC and John J. Mahon, Acting Attorney in Charge, of New York, NY. Of counsel on the brief was, Edward N. Maurer, Office of Assistant Chief Counsel, Bureau of Customs and Border Protection, New York, NY.