United States Federal Circuit

A decision sustaining the denial by the U.S. Customs and Border Protection of Merck's claim for drawback under 19 U.S.C. section 1313(j)(2) on Merck's export of substituted famotidine (marketed as PEPCID) to Canada and Mexico is affirmed as the trial court correctly ruled that Merck is not entitled to the drawback.

Appellate Information

• Decided 09/19/2007
• Published 09/19/2007

Judges

• LOURIE, Circuit Judge., Before MAYER, Circuit Judge, PLAGER, Senior Circuit Judge, and LOURIE, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• John J. Galvin, Galvin & Mlawski, of New York, NY, argued for plaintiff-appellant.   Of counsel was Jack D. Mlawski.


• For Appellees:
  
• Edward F. Kenny, Trial Attorney, International Trade Field Office, Commercial Litigation Branch, Civil Division, United States Department of Justice, of New York, NY, argued for defendant-appellee.   With him on the brief were Peter D. Keisler, Assistant Attorney General, Jeanne E. Davidson, Director, and Barbara S. Williams, Attorney in Charge.   Of counsel on the brief was Chi S. Choy, Office of Assistant Chief Counsel, International Trade Litigation, United States Customs and Border Protection, of New York, NY.