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