United States Federal Circuit

Customs does not bear the burden to reliquidate at its own initiative; since plaintiff failed to file a valid protest within 90 days from the date of liquidation, reliquidation of its imported, laser diode modules is not available per 19 U.S.C. section 1514.

Appellate Information

• Decided 03/26/2004
• Published 03/26/2004

Judges

• PAULINE NEWMAN, Circuit Judge., Before NEWMAN, RADER, and SCHALL, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Michael K. Tomenga, Neville, Peterson LLP, of Washington, DC, argued for plaintiff-appellant.   With him on the brief was George W. Thompson.


• For Appellees:
  
• Barbara S. Williams, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, International Trade Field Office, of New York, NY, argued for defendant-appellee.   With her on the brief were Peter D. Keisler, Assistant Attorney General and David M. Cohen, Director, of Washington, DC;  and John J. Mahon, Acting Attorney in Charge, International Trade Field Office, of New York, NY.