VWP OF AMERICA, INC. v. U.S.

No. 98-1048.

175 F.3d 1327 (1999)

VWP OF AMERICA, INC., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

April 21, 1999.


Attorney(s) appearing for the Case

James S. Kelly, Barnes, Richardson & Colburn, of New York, New York, argued for plaintiff-appellant. Of counsel on the brief was Alan Goggins.

Saul Davis, Senior Trial Counsel, Civil Division, Commercial Litigation Branch, U.S. Department of Justice, of New York, New York, argued for defendant-appellee. With him on the brief were Joseph I. Leibman, Attorney In Charge, International Trade Field Office, of New York, New York, and David M. Cohen, Director, Civil Division, of Washington, DC. Of counsel on the brief was Chi S. Choy, Attorney, Office of Assistant Chief Counsel, International Trade Litigation, U.S. Customs Service, of New York, New York.

Before MICHEL, SCHALL, and GAJARSA, Circuit Judges.


SCHALL, Circuit Judge.

Victor Woolen Products of America, Inc. ("VWPA") appeals the decision of the United States Court of International Trade in VWP of America, Inc. v. United States, 980 F.Supp. 1280 (CIT 1997). In its decision, the court upheld the determination of the United States Customs Service ("Customs") that woolen melton fabrics imported by VWPA from Canada should be appraised based on the price paid for the...

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