Hitachi Stands: "Shall" Still Means "Should"

The Federal Circuit has refused to reconsider its earlier decision in Hitachi Home Electronics (America), Inc. v. United States. If you don't remember what this is about, go back and look at this earlier post. Without substantive comment, the majority refused to rehear the case. The original dissenter, Judge Reyna, was joined in his dissent by Judge Newman. The gist of the dissent is simple: Congress said that Customs must either approve or deny a protest within two years; there is no third alternative permitting continued consideration. The dissent is strongly worded and worth a read.