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

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

United States Court of Appeals for the Federal Circuit

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 Peter D. Keisler, Assistant Attorney General, and Jeanne E. Davidson, Director. Of counsel on the brief was Yelena Slepak, Office of Assistant Chief Counsel, International Trade Litigation, United States 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 007-1285 VOLKSWAGEN OF AMERICA, INC.,

Plaintiff-Appellant,

v. UNITED STATES,

Defendant-Appellee.

Appeal from the United States Court of International Trade in case no. 06-00222, Senior Judge Richard W. Goldberg.

DECIDED: July 16, 2008

Before RADER, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and PROST, Circuit Judge.

Opinion for the court filed by Circuit Judge RADER. Concurring opinion filed by Senior Circuit Judge FRIEDMAN.

RADER, Circuit Judge.

Volkswagen of America, Inc. ("VW") seeks an allowance in the appraised value of automobiles entered and liquidated by the U.S. Customs Service ("Customs")1 in 1994 and 1995, but later determined by VW to be partially defective. VW invokes a Customs regulation, 19 C.F.R. § 158.12, as a cause of action independent from the protest procedures in 19 U.S.C....

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