United States Federal Circuit

In a dispute involving the imposition of retaliatory import duties due to the European Community's prohibition on certain meat imports, dismissal of an importer's complaint for failure to state a claim upon which relief could be granted is vacated in part pursuant to the importer's claim that the Trade Representative failed to comply with a statutory "carousel provision."

Appellate Information

• Decided 05/01/2006
• Published 05/01/2006

Judges

• Before NEWMAN, BRYSON, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Peter S. Herrick, of Miami, Florida, argued for plaintiff-appellant.


• For Appellees:
  
• David S. Silverbrand, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee.   With him on the brief were Peter D. Keisler, Assistant Attorney General;  David M. Cohen, Director;  and Jeanne E. Davidson, Deputy Director.   Of counsel was William Busis, Attorney, Office of General Counsel, Executive Office of The President, Office of the United States Trade Representative.