United States Federal Circuit

Grant of domestic pencil company's motion for judgment on the administrative record, involving its untimely application for distribution of certain assessed duties from defendants-pencil companies, is reversed where the record contained no evidence that the domestic company was substantially prejudiced by the U.S. Customs and Border Protection's failure to timely publish a notice of intention to distribute assessed duties as required by 19 C.F.R. section 159.62(a).

Appellate Information

• Decided 11/06/2006
• Published 11/06/2006

Judges

• ARCHER, Senior Circuit Judge., Before MICHEL, Chief Judge, ARCHER, Senior Circuit Judge, and LINN, Circuit Judge.  ARCHER, Senior Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Daniel E. Traver, Gray Robinson, PA, of Orlando, FL, argued for plaintiff-appellee.   On the brief was Guy S. Haggard., David S. Silverbrand, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant United States.   With him on the brief were Peter D. Keisler, Assistant Attorney General;  David M. Cohen, Director;  Jeanne E. Davidson, Deputy Director, of Washington, DC. Of counsel on the brief was Charles Steuart, Attorney, Office of Chief Counsel, United States Customs and Border Protection, of Washington, DC., George W. Thompson, Neville Peterson LLP, of Washington, DC, argued for defendants-appellants Musgrave Pencil Company, et al.   With him on the brief were Curtis W. Knauss and John M. Peterson, of New York, NY.