Shah Bros., Inc. v. United States

OPINION AND ORDER

POGUE, Senior Judge:

Plaintiff Shah Bros., Inc. (“Shah Bros.”) — an importer of a smokeless tobacco product from India called “gutkha”— seeks an award of its attorney’s fees, expenses, and costs in connection with this action, pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d) (2012) (“EAJA”). 1 As explained below, because Shah Bros, was the prevailing party;, because the agency determination upon which this action is based was not substantially justified; and because no special circumstances exist in this case that would make an EAJA fees and costs award unjust,…