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

Slip Op. 09-31. Court No. 96-00132.

614 F.Supp.2d 1335 (2009)

VOLKSWAGEN OF AMERICA, INC., Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

April 15, 2009.

Attorney(s) appearing for the Case

Law Offices of Thomas J. Kovarcik (Thomas J. Kovarcik), New York City, for Plaintiff Volkswagen of America, Inc.

Michael F. Hertz, Acting Assistant Attorney General; Barbara S. Williams, Attorney in Charge, International Trade Field Office, Commercial Litigation Branch, Civil Division, U.S. Department of Justice.

Before: Richard W. Goldberg, Senior Judge.

OPINION

GOLDBERG, Senior Judge.

This matter is before the Court following the Federal Circuit's remand in Volkswagen of America, Inc. v. United States, 540 F.3d 1324 (Fed.Cir.2008). The narrow issue left before the court is whether repairs made pursuant to federal emissions recalls establish that these defects existed at the time of importation, and in turn, entitle Volkswagen of America, Inc. ("Volkswagen...

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