United States Federal Circuit
Michael Simon Design, Inc. v. US, 09-1571
In an appeal brought by three importers of foreign made goods from the Court of International Trade's denial of their request for judicial review of certain modifications to the U.S. Tariff schedule made by Presidential proclamation, the decision is affirmed where: 1) the Commission's recommendations under section 3005 are not "final" and consequently are not subject to judicial review under the APA; and 2) trial court correctly held that the Presidential proclamation at issue was not reviewable based on the claim that the Commission's recommendation was legally flawed.
Appellate Information
- Decided 06/18/2010
- Published 06/18/2010
Judges
Court
- United States Federal Circuit