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WALLY PACKAGING, INC. v. UNITED STATES

Court No. 82-5-00773.

578 F.Supp. 1408 (1984)

WALLY PACKAGING, INC., Plaintiff, v. The UNITED STATES, Defendant.

United States Court of International Trade.

January 31, 1984.

Attorney(s) appearing for the Case

Leo Salzman, Brooklyn, N.Y., for plaintiff.

Richard K. Willard, Acting Asst. Atty. Gen., Joseph I. Liebman, New York City, Attorney in Charge, and Deborah E. Rand, Washington, D.C., for defendant.

Opinion and Order

RESTANI, Judge:

In this action, plaintiff seeks to overturn a Customs Service determination that plaintiff's shipment of polyethylene bags is not entitled to duty free entry under the Generalized System of Preferences. Defendant now moves to dismiss the action for want of subject matter jurisdiction. Defendant contends that plaintiff's summons is untimely.

The parties have submitted briefs and exhibits of record on the issue...

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