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MILIN INDUSTRIES, INC. v. U.S.

Court No. 87-10-01053.

691 F.Supp. 1454 (1988)

MILIN INDUSTRIES, INC., Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

July 21, 1988.

Attorney(s) appearing for the Case

John R. Bolton, Asst. Atty. Gen., Washington, D.C., Joseph I. Liebman, Atty. in Charge, Intern. Trade Field Office, Commercial Litigation Branch, U.S. Dept. of Justice, Mark S. Sochaczewsky, New York City, for defendant.

Maciorowski & Graf, P.C., (Edmund Maciorowski), Detroit, Mich., for plaintiff.

DiCARLO, Judge:

The United States (defendant) moves pursuant to Rule 12(b) of the Rules of this Court to dismiss for lack of jurisdiction and because the complaint fails to state a claim upon which the Court may grant relief. Defendant's motion to dismiss requires the Court to characterize an act of the United States Customs Service (Customs) in not allowing merchandise from Pakistan invoiced as "rags" into the commerce of the United States. If Customs' action was...

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