       NOTE: This disposition is nonprecedential.


United States Court of Appeals
    for the Federal Circuit
                ______________________

               HORIZON LINES, LLC,
                 Plaintiff-Appellee,

                           v.

                  UNITED STATES,
                 Defendant-Appellant.
                 ____________________

                      2012-1163
                ______________________

   Appeal from the United States Court of International
Trade in No. 08-CV-0009, Judge Evan J. Wallach.
                 ______________________

                     JUDGMENT
                ______________________

    DEAN A. BARCLAY, William Mullen, PC, of
Washington, DC, argued for plaintiff-appellee. With him
on the brief were EVELYN M. SUAREZ, GEORGE H. BOWLES
and J. FORBES THOMPSON. Of counsel was ROBERT S.
ZUCKERMAN, Horizon Line, LLC, of Charlotte, North
Carolina.

    JASON M. KENNER, Trial Attorney, Commercial
Litigation Branch, Civil Division, United States
Department of Justice, of New York, New York, argued
for defendant-appellant. With him on the brief were
BARBARA S. WILLIAMS, Attorney in Charge, International
Trade Field Office, STUART DELERY, Acting Assistant
Attorney General, JEANNE E. DAVIDSON, Director, and
EDWARD F. KENNY, Trial Attorney, of Washington, DC. Of
counsel on the brief was PAULA SMITH, Trial Attorney,
Office of the Assistant Chief Counsel, International Trade
Litigation, United States Customs and Border Protection,
of Washington, DC.

   EVELYN M. SUAREZ, William Mullen, PC, of
Washington, DC, for amicus curiae. With her on the brief
were GEORGE H. BOWLES, DEAN A. BARCLAY and J. FORBES
THOMPSON.
               ______________________

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

   PER CURIAM (PROST, MOORE, and O’MALLEY, Circuit
Judges).

           AFFIRMED. See Fed. Cir. R. 36.


                       ENTERED BY ORDER OF THE COURT



 November 9, 2012            /s/ Jan Horbaly
   Date                         Jan Horbaly
                                    Clerk
