MELCO CLOTHING CO., INC. v. U.S.

Court No. 91-01-00058.

804 F.Supp. 369 (1992)

MELCO CLOTHING CO., INC., Plaintiff, v. UNITED STATES of America, Defendant.

United States Court of International Trade.

October 13, 1992.


Attorney(s) appearing for the Case

Gutglass, Erickson & Bonville, Paul R. Erickson, Milwaukee, Wis., for plaintiff.

Stuart M. Gerson, Asst. Atty. Gen., Joseph I. Liebman, Attorney-In-Charge, Intern. Trade Field Office, Mark S. Sochaczewsky, Washington, D.C., for defendant.


MEMORANDUM OPINION AND ORDER

NEWMAN, Senior Judge.

INTRODUCTION

Defendant's motion to sever and dismiss for lack of jurisdiction is granted since, at the time the action was commenced, plaintiff had not paid all liquidated duties as required by 28 U.S.C. § 2637(a). The provision in section 2637 with respect to the payment of all liquidated duties at the time the action is commenced is a strict requirement for invoking the jurisdiction of the...

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