1080 Cemex, S.a. v. United States

Note: Pursuant to Fed. Cir. R. 47.6, this order is not citable as precedent.
It is a public record.
United States Court of Appeals for the Federal Circuit
04-1058, -1080
CEMEX, S.A.,
Plaintiff-Cross Appellant,
v.
UNITED STATES,
Defendant-Appellee,
v.
THE AD HOC COMMITTEE OF AZ-NM-TX-FL PRODUCERS
OF GRAY PORTLAND CEMENT
and NATIONAL CEMENT COMPANY OF CALIFORNIA,
Defendants-Appellants.
O R D E R
Before NEWMAN, MICHEL, and RADER, Circuit Judges.
A petition for panel rehearing having been filed by the APPELLEE, UNITED
STATES,
UPON CONSIDERATION THEREOF, it is
ORDERED that the petition for rehearing is GRANTED for the limited
purpose of making the changes indicated on the attached errata and is, in all other
respects, DENIED.
The mandate of the court will issue on December 21, 2004.
FOR THE COURT
December 14, 2004 Jan Horbaly
Jan Horbaly
Clerk
c: Joseph W. Dorn, Esq.
Irwin P. Altschuler, Esq.
David S. Silverbrand, Esq.

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United States Court of Appeals for the Federal Circuit
ERRATA
December 14, 2004
#04-1058, 04-1080: Cemex, S.A. v. United States
Precedential Opinion
Issued: September 28, 2004
Please make the following correction:
On page 15 of the opinion, change the sentence to read: “Designed to enable
domestic manufacturers to contest Customs’ determinations regarding the
appraised value, classification, or rate of duty on imported merchandise, [FN8]
section 1516 contemplates remedies solely prospective in nature, and cannot
after-the-fact cure Customs’ decisions with respect to liquidation, legal or illegal.”

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