National Association of Manufacturers v. United States Department of the Treasury et al

Slip Op. 20-25
UNITED STATES COURT OF INTERNATIONAL TRADE
THE NATIONAL ASSOCIATION OF
MANUFACTURERS,
Plaintiff,
THE BEER INSTITUTE,
Plaintiff-Intervenor,
v.
UNITED STATES DEPARTMENT OF THE
TREASURY, ET AL.,
Defendants.
Before: Jane A. Restani, Judge
Court No. 19-00053
JUDGMENT
This case having been duly submitted for decision; and the court, after due deliberation,
having rendered a decision herein; now therefore, in conformity with said decision.
1. 	Holds unlawful and sets aside 19 C.F.R. §§ 190.171(c)(3), 190.22(a)(1)(ii)(C),
190.32(b)(3), 191.171(d), 191.32(b)(4), and the final sentence of 19 C.F.R. § 191.22(a);
2. 	Holds unlawful and sets aside the final sentence in the definition of
“drawback” and the final sentence of the definition of “drawback claim” in 19 C.F.R. § 190.2;
3. 	Declares that Defendants must process and pay substitution drawback claims
that comply with the governing statutory and regulatory requirements;
4. 	Enters Judgment in favor of Plaintiff.
_/s/ Jane A. Restani_______
Jane A. Restani, Judge
Dated: February 18, 2020
New York, New York
Case 1:19-cv-00053-JAR Document 45 Filed 02/18/20 Page 1 of 1