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U.S. v. CHOW

Court No. 93-03-00139. Slip Op. No. 93-239.

841 F.Supp. 1286 (1993)

UNITED STATES, Plaintiff, v. Kirk Koo CHOW, Defendant.

United States Court of International Trade.

December 20, 1993.

Attorney(s) appearing for the Case

Frank W. Hunger, Asst. Atty. Gen., David M. Cohen, Director, Civ. Div., Commercial Litigation Branch, U.S. Dept. of Justice, Edmund W. Chapman, C. Parker-Harrison, U.S. Customs Service, Washington, DC, of counsel, for plaintiff.

Law Offices of Stephen M. Creskoff, Stephen M. Creskoff, Washington, DC, and Geary, Porter & West, Joseph W. Geary, Dallas, TX, for defendant.

OPINION

CARMAN, Judge:

Plaintiff commenced this action to recover civil penalties for violations of 19 U.S.C. § 1592 (1988) and to recover marking duties provided in 19 U.S.C. § 1304(f) (1988) pursuant to 19 U.S.C. § 1592(d). Defendant moves to dismiss the entire action pursuant to USCIT Rule 12(b)(1) for lack of subject matter jurisdiction; to dismiss Count II of the complaint pursuant to USCIT Rule 12(b)(5) for failure to state a claim upon...

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