Legal Opinion

Flint Hills Resources, Lp v. United States

United States Court of International Trade

Decided April 19, 2011No. Slip Op. 11-42; Court 06-00065Published

1Opinion of the Court

OPINION AND ORDER

POGUE, Chief Judge.

This action puts at issue the interpretation and retroactivity of an amended statute regarding a drawback claim for taxes paid on the importation of Plaintiffs goods. 1 Currently, the action is assigned to a single judge, but Plaintiff now moves for re-assignment to a three-judge panel.

DISCUSSION

A case may be assigned to a three-judge panel if it “(1) raises an issue of the constitutionality of an Act of Congress, a proclamation of the President or an Executive order; or (2) has broad or significant implications in the administration or interpretation of…

2Cases cited5 opinions

  1. National Corn Growers Ass'n v. BakerUnited States Court of International Trade · 1986
  2. Aectra Refining and Marketing, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 2009
  3. Aectra Refining and Marketing Inc. v. United StatesUnited States Court of International Trade · 2007
  4. Seattle Marine Fishing Supply Co. v. United StatesUnited States Court of International Trade · 1989
  5. Sony Electronics, Inc. v. United StatesUnited States Court of International Trade · 2001

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