MITSUBISHI ELECTRONICS AMERICA, INC. v. U.S.

No. 94-1292.

44 F.3d 973 (1994)

MITSUBISHI ELECTRONICS AMERICA, INC., Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

December 29, 1994.


Attorney(s) appearing for the Case

Kevin M. O'Brien, Baker & McKenzie, Washington, DC, argued, for plaintiff-appellant. With him on the brief were Thomas P. Ondeck and William D. Outman, II.

John S. Groat, Commercial Litigation Branch, Dept. of Justice, Washington, DC, argued, for defendant-appellee. Frank W. Hunger, Asst. Atty. Gen., David M. Cohen, Director, and Marc E. Montalbine, Atty., Commercial Litigation Branch, Dept. of Justice, Washington, DC, were on the brief, for defendant-appellee. Also on the brief were Stephen J. Powell, Chief Counsel for Import Admin., Berniece A. Browne, Sr. Counsel for Antidumping Litigation and Patrick V. Gallagher, Jr., Atty.-Advisors, Office of Chief Counsel for Import Admin., U.S. Dept. of Commerce, of counsel.

Terence P. Stewart and Wesley K. Caine, Stewart & Stewart, Washington, DC, were on the brief, for amicus curiae Torrington Co.

Before MICHEL and RADER, Circuit Judges, and BENNETT, Senior Circuit Judge.


RADER, Circuit Judge.

The United States Customs Service (Customs) denied Mitsubishi's protest of an anti-dumping duty rate. The United States Court of International Trade dismissed Mitsubishi's appeal. Mitsubishi Elecs. Am., Inc. v. United States, 848 F.Supp. 193, 203 (Ct. Int'l Trade 1994). Mitsubishi appeals the dismissal. Because Mitsubishi sued the Government under the wrong jurisdictional statute and the limitations...

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