Volkswagen of Am., Inc. v. United States

Slip Op. 08-137 UNITED STATES COURT OF INTERNATIONAL TRADE

VOLKSWAGEN OF AMERICA, INC., Plaintiff, Before: Richard W. Goldberg, Senior Judge v. Court No. 96-00132 UNITED STATES, Defendant.

ORDER

In accordance with the decision (Aug. 22, 2008) and mandate (Dec. 1, 2008) of the United States Court of Appeals for the Federal Circuit, Appeal No. 2007-1518, affirming in part, and reversing in part this Court’s judgment in Volkswagen of America, Inc. v. United States, 31 CIT __, Slip Op. 07-47 (Mar. 28, 2007), it is hereby: ORDERED that the portion of this Court’s order denying Volkswagen’s claim to an allowance pursuant to 19 C.F.R. § 158.12 for repairs made in response to government-mandated recalls is vacated; and it is further: ORDERED that: (1) On or before January 16, 2009, the parties shall submit supplemental briefing as to whether the defects remedied in response to the FTC and state recalls existed at the time of importation; and (2) On or before January 30, 2009, the parties shall file a proposed scheduling order for the submission of this action for trial as to the remaining issue of verifying the applicable allowance amounts.

IT IS SO ORDERED.

/s/ Richard W. Goldberg Richard W. Goldberg Senior Judge Date: December 18, 2008 New York, New York