Forum
U.S. Supreme Court
Case Status
Decided
Docket Number
Term
Cert. Denied
Lower Court Opinion
Questions Presented
I. Whether the Federal Circuit erred in holding, contrary to this Court’s precedent, that a product’s post-importation modification and use can determine its classification under a tariff heading that is not statutorily “controlled by use.”
II. Whether the Federal Circuit erred in holding, in conflict with the decisions of the other twelve Circuits, that an appellee must brief issues not decided by the trial court or raised by the appellant to preserve them for remand.
Case Updates
Cert. petition denied
June 29, 2020
U.S. Chamber urges Supreme Court to review Federal Circuit decision departing from settled principles of tariff classification
March 19, 2020
Click here to view the amicus brief filed jointly by the U.S. Chamber and National Association of Manufacturers. Jessica L. Ellsworth of Hogan Lovells US LLP served as co-counsel for the amici.
Previously, the U.S. Chamber filed an amicus brief in the Federal Circuit supporting panel rehearing and rehearing en banc.
Case Documents
- Federal Circuit Opinion -- Ford Motor Co. v. United States (Federal Circuit).pdf
- U.S. Chamber, NAM Amicus Brief -- Ford Motor Co. v. United States (U.S. Supreme Court).pdf