United States Federal Circuit

In a case involving an overcharge made by Customs on duties collected from an importer of magnesium and magnesium alloy, a judgment of the Court of International Trade in favor of the importer over a setoff issued by the Department of Commerce is reversed and the matter remanded so that the setoff issued by Commerce at the Court of International Trade's direction can be vacated.

Appellate Information

• Decided 12/14/2006
• Published 12/14/2006

Judges

• ELLIS, District Judge., Before MICHEL, Chief Judge, PROST, Circuit Judge, and ELLIS, District Judge.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Eric C. Emerson, Steptoe & Johnson LLP, of Washington, DC, argued for plaintiff-appellee.   With him on the brief were Gregory S. McCue and Michael T. Gershberg.   Of counsel was Meredith A. Rathbone., Stephen C. Tosini, 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;  and Jeanne E. Davidson, Deputy Director.   Of counsel on the brief was Ada E. Bosque, Attorney, Office of Chief Counsel for Import Administration, United States Department of Commerce, of Washington, DC., Jeffrey M. Telep, King & Spalding LLP, of Washington, DC, argued for defendant-appellant U.S. Magnesium LLC. With him on the brief was Stephen A. Jones.   Of counsel was Joseph W. Dorn.