NICHIMEN AMERICA, INC. v. U.S.

No. 90-1004.

938 F.2d 1286 (1991)

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

United States Court of Appeals, Federal Circuit.

July 10, 1991.


Attorney(s) appearing for the Case

Ralph A. Mantynband, Arvey, Hodes, Costello & Burman, Chicago, Ill., argued for plaintiff-appellant. With him on the brief was Edward H. Soderstrom, II.

Velta A. Melnbrencis, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for defendant-appellee. With her on the brief were Stuart M. Gerson, Asst. Atty. Gen. and David M. Cohen, Director. Also on the brief were Wendell Willkie, II, Gen. Counsel, Stephen J. Powell, Chief Counsel for Import-Administration and Anne White, Attorney-Advisor, Office of the Chief Counsel for Import Admin., U.S. Dept. of Commerce, of counsel.

Before NEWMAN, ARCHER and ALARCON, Circuit Judges.


ARCHER, Circuit Judge.

Nichimen America, Inc. (Nichimen) appeals from the judgment of the United States Court of International Trade, Nichimen Am., Inc. v. United States, 719 F.Supp. 1106 (Ct.Int'l Trade 1989), dismissing for lack of jurisdiction Nichimen's appeal from the denial of a protest filed with the United States Customs Service (Customs). We affirm-in-part, reverse-in-part, and remand for further proceedings.<...

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