United States Federal Circuit

A decision of the United States Court of International Trade, which asserted jurisdiction under 28 U.S.C. section 1581(i)(4) and held that the United States Bureau of Customs and Border Protection violated 19 U.S.C. section 1625(c)(1), is reversed as to its jurisdictional holding as the remedy provided plaintiff by an other subsection was not manifestly inadequate so as to permit jurisdiction under section 1581(i)(4), and the ruling on the merits is vacated.

Appellate Information

• Decided 10/17/2006
• Published 10/17/2006

Judges

• MAYER, Circuit Judge., Before NEWMAN, MAYER, and BRYSON, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Simeon M. Kriesberg, Mayer, Brown, Rowe & Maw LLP, of Washington, DC, argued for plaintiff-appellee.   With him on the brief were Andrew A. Nicely and Priti Seksaria Agrawal., 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-appellant.   With her on the brief were Peter D. Keisler, Assistant Attorney General, and David M. Cohen, Director, of Washington, DC;  and Edward F Kenny, Trial Attorney of New York, New York. Of counsel on the brief was Yelena Slepak, Attorney, Office of Assistant Chief Counsel, International Trade Litigation, United States Customs and Border Protection, of New York, New York.