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CHINA DIESEL IMPORTS, INC. v. U.S.

Court No. 92-10-00696. Slip Op. 94-90.

855 F.Supp. 380 (1994)

CHINA DIESEL IMPORTS, INC., a California Corporation, Plaintiff, v. The UNITED STATES, Defendant.

United States Court of International Trade.

June 2, 1994.

Attorney(s) appearing for the Case

James M. Zimmerman, La Jolla, CA, for plaintiff.

Frank W. Hunger, Asst. Atty. Gen., Joseph I. Liebman, Atty. in Charge, Intern. Trade Field Office, Commercial Litigation Branch, Civ. Div., U.S. Dept. of Justice, Carla Garcia-Benitez, Mark G. Nackman, Office of Asst. Chief Counsel, Intern. Trade Litigation, U.S. Customs Serv., of counsel, Washington, DC, for defendant.

OPINION

RESTANI, Judge:

Plaintiff China Diesel Imports, Inc. ("CDI") challenges the decision of the United States Customs Service excluding certain JINMA model 1100 diesel engines from entry on the ground that the engines are the product of prohibited labor as defined in § 307 of the Tariff Act of 1930. See 19 U.S.C. § 1307 (1988). Both CDI and Customs move for summary judgment on the issue of whether Customs correctly determined...

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