Volkswagon of America, Inc v. U.S. (2008)

United States Court of Appeals for the Federal Circui 007-1518 VOLKSWAGEN OF AMERICA, INC.,

Plaintiff-Appellant,

v. UNITED STATES,

Defendant-Appellee.

Thomas J. Kovarcik, of New York, New York, argued for plaintiff-appellant. Barbara S. Williams, Attorney in Charge, International Trade Field Office, Commercial Litigation Branch Civil Division, United States Department of Justice, of New York, New York, argued for defendant-appellee. With her on the brief were Jeffrey

S. Bucholtz, Acting Assistant Attorney General, and Jeanne E. Davidson, Director, of Washington, DC. Of counsel on the was Yelena Slepak, Office of Assistant Chief Counsel, International Trade Litigation, United States Bureau of Customs and Border Protection, of New York, New York.

Appealed from: United States Court of International Trade

Senior Judge Richard W. Goldberg

United States Court of Appeals for the Federal Circui 007-1518 VOLKSWAGEN OF AMERICA, INC.,

v.

UNITED STATES,

Defendant-Appellee. Appeal from the United States Court of International Trade in case no. 96-00132, Senior Judge Richard W. Goldberg.

DECIDED: August 22, 2008

Before RADER, Circuit Judge, ARCHER, Senior Circuit Judge, and DYK, Circuit Judge. DYK, Circuit Judge.

In this customs case, we again address issues concerning the allowance for merchandise alleged to be defective at the time of importation under 19 C.F.R. § 158.12. Plaintiff-Appellant Volkswagen of America, Inc. ("Volkswagen"), appeals from a final judgment of the United States Court of International Trade in favor of Defendant-Appellee United States ("the government"). The Court of International Trade held that:

1) it lacked jurisdiction over Volkswagen's claims with respect to repairs made after the protest date; 2) with respect to repairs made before the protest date to correct alleged manufacturing defects, Volkswagen's evidence failed to establish that the repairs

Plaintiff-Appellant,

related to de...

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