CEMEX V US, No. 04-1058 (Fed. Cir. 2004)

Annotate this Case

Download PDF

Note: Pursuant to Fed. Cir. R. 47.6, this order is not citable as precedent. It is a public record. United States Court of Appeals for the Federal Circuit 04-1058, -1080 CEMEX, S.A., Plaintiff-Cross Appellant, v. UNITED STATES, Defendant-Appellee, v. THE AD HOC COMMITTEE OF AZ-NM-TX-FL PRODUCERS OF GRAY PORTLAND CEMENT and NATIONAL CEMENT COMPANY OF CALIFORNIA, Defendants-Appellants. O R D E R Before NEWMAN, MICHEL, and RADER, Circuit Judges. A petition for panel rehearing having been filed by the APPELLEE, UNITED STATES, UPON CONSIDERATION THEREOF, it is ORDERED that the petition for rehearing is GRANTED for the limited purpose of making the changes indicated on the attached errata and is, in all other respects, DENIED. The mandate of the court will issue on December 21, 2004. FOR THE COURT December 14, 2004 Jan Horbaly Jan Horbaly Clerk c: Joseph W. Dorn, Esq. Irwin P. Altschuler, Esq. David S. Silverbrand, Esq. United States Court of Appeals for the Federal Circuit ERRATA December 14, 2004 #04-1058, 04-1080: Cemex, S.A. v. United States Precedential Opinion Issued: September 28, 2004 Please make the following correction: On page 15 of the opinion, change the sentence to read: Designed to enable domestic manufacturers to contest Customs determinations regarding the appraised value, classification, or rate of duty on imported merchandise, [FN8] section 1516 contemplates remedies solely prospective in nature, and cannot after-the-fact cure Customs decisions with respect to liquidation, legal or illegal.

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.