United States Federal Circuit

In an appeal arising from a dispute involving import duties at Ford's Foreign Trade Subzone (FTSZ) in Kentucky, dismissal of the government's complaint is affirmed in part and vacated in part where: 1) the government's claims are not barred by the statute of limitations in 19 U.S.C. section 1621 or by a prior decision; but 2) the government was not deprived of any lawful duties by Ford's allegedly unlawful conduct as required by 19 U.S.C. section 1592(d), for purposes of one claim.

Appellate Information

• Decided 08/17/2007
• Published 08/17/2007

Judges

• GAJARSA, Circuit Judge., Before SCHALL, Circuit Judge, ARCHER, Senior Circuit Judge, and GAJARSA, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• David A. Levitt, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for plaintiff-appellant.   With him on the brief were Peter D. Keisler, Assistant Attorney General, and Patricia M. McCarthy, Assistant Director of counsel on the brief was Kathleen Bucholtz, Attorney, United States Customs and Border Protection, of Chicago, IL.


• For Appellees:
  
• Charles J. Cooper, Cooper & Kirk PLLC, of Washington, DC, argued for defendant-appellee.   With him on the brief were Vincent J. Colatriano and Nicole Jo Moss of counsel on the brief were Robert B. Silverman, David M. Murphy, and Frances P. Hadfield, Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt, LLP, of New York, NY;  and Paulsen K. Vandevert, Ford Motor Company, of Dearborn, MI.