Gilda Industries, Inc. v. United States

ON PETITION FOR REHEARING

BRYSON, Circuit Judge.

The government has filed a petition for rehearing in this case, seeking clarification of our opinion, reported at 446 F.3d 1271. In our opinion, we ruled that “the evidence of record falls short of establishing that the Trade Representative has determined that resolution of the hormone beef dispute is imminent.” Such a determination is a prerequisite for the statutory exception the government sought to invoke in this case. See 19 U.S.C. § 2416(b)(2)(B)(ii)(I). Accordingly, we vacated the trial court’s judgment to the extent that the trial court…