United States Federal Circuit
Cummins Inc. v. US, 05-1482
Summary judgment for the government, holding that the crankshafts imported by plaintiff into the U.S. did not originate in Mexico and were not entitled to preferential treatment under the North American Free Trade Agreement (NAFTA) is affirmed over claims that the imported crankshafts underwent a tariff shift in Mexico, and that the trial court erred by improperly relying upon a World Customs Organization (WCO) classification opinion.
Appellate Information
- Decided 07/17/2006
- Published 07/17/2006
Judges
- MAYER, Circuit Judge., Before NEWMAN, MAYER, and RADER, Circuit Judges.
Court
- United States Federal Circuit
Counsel
- For Appellant:
- Lawrence M. Friedman, Barnes, Richardson & Colburn, of Chicago, Illinois, argued for plaintiff-appellant. With him on the brief were David G. Forgue and Ilya A. Bakke.
- For Appellees:
- Barbara S. Williams, Attorney in Charge, International Trade Field Office, Commercial Litigation Branch, Civil Division, United States Department of Justice, of New York, New York, argued for defendant-appellee. With her on the brief were Peter D. Keisler, Assistant Attorney General, and David M. Cohen, Director, of Washington, DC. Of counsel on the brief was Beth C. Brotman, Office of Assistant Chief Counsel, International Trade Litigation, United States Customs and Border Protection, of New York, New York.