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NICHIMEN AMERICA, INC. v. U.S.

Court No. 87-01-00047.

719 F.Supp. 1106 (1989)

NICHIMEN AMERICA, INC., formerly known as Nichimen Co., Inc., Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

August 29, 1989.

Attorney(s) appearing for the Case

Arvey, Hodes, Costello & Burman, Ralph A. Mantynband, Edward H. Soderstrom, II, Chicago, Ill., for plaintiff.

Stuart E. Schiffer, Acting Asst. Atty. Gen., David M. Cohen, Director, Commercial Litigation Branch, Civ. Div., U.S. Dept. of Justice, Velta A. Melnbrencis, Washington, D.C., for defendant.

OPINION AND ORDER

CARMAN, Judge:

Defendant moves to dismiss this action on the grounds that the assessment of antidumping duties is not a protestable matter and therefore the Court does not possess jurisdiction to entertain plaintiff's claim pursuant to 28 U.S.C. § 1581(a) (1982).

FACTS

These facts are essentially the same as those outlined in 12 CIT ___, Slip Op. 88-128, 1988 WL 98472 (September 22, 1988). Plaintiff is the importer...

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