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CITGO PETRO. CORP. v. U.S. FOREIGN TRADE-ZONES BD.

No. 95-1390.

83 F.3d 397 (1996)

CITGO PETROLEUM CORPORATION and Lake Charles Harbor And Terminal District, Plaintiffs-Appellants, v. THE UNITED STATES FOREIGN TRADE-ZONES BOARD; Mickey Kantor, Secretary of Commerce, as Chairman and Executive Officer of the Foreign-Trade Zones Board; Robert E. Rubin, Secretary of the Treasury, as a Member of the Foreign-Trade Zones Board; Togo D. West, Jr., Secretary of the Army, as a Member of the Foreign-Trade Zones Board; and Executive Secretary of the Foreign-Trade Zones Board, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

May 3, 1996.

Attorney(s) appearing for the Case

William F. Demarest, Jr., Holland & Hart, Washington, D.C., argued for plaintiffs-appellants. With him on the brief were Adelia S. Borrasca, and Charles M. Floren, CITGO Petroleum Corporation, Tulsa, Oklahoma.

Susan Burnett Mansfield, Commercial Litigation Branch, Civil Division, Department of Justice, New York City, argued for defendants-appellees. With her on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, Washington, D.C., and Joseph I. Liebman, Attorney in Charge, International Trade Field Office. Of counsel was Robert J. Heilferty, Office of Chief Counsel for Import Administration, U.S. Department of Commerce, Washington, D.C.

Before CLEVENGER, SCHALL and BRYSON, Circuit Judges.

BRYSON, Circuit Judge.

Appellant Citgo Petroleum Corp. sought to have one of its oil refineries designated a "foreign-trade subzone" in order to obtain favorable treatment under the customs laws. The United States Foreign-Trade Zones Board approved the request subject to the condition that import duties be paid on foreign crude oil used as fuel in the refinery. The plaintiffs challenged the imposition of that condition, but...

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