CATERPILLAR INC. v. U.S.

Slip Op. No. 96-158. Court No. 94-03-00167.

941 F.Supp. 1241 (1996)

CATERPILLAR INC., Plaintiff, v. The UNITED STATES, Defendant.

United States Court of International Trade.

September 20, 1996.


Attorney(s) appearing for the Case

Powell, Goldstein, Frazer & Murphy (Richard M. Belanger, Susan P. Strommer, D. Christine Wood), Washington, DC, for plaintiff.

Frank W. Hunger, Assistant Attorney General, Washington, DC; Joseph I. Liebman, Attorney in Charge, International Trade Field Office, Commercial Litigation Branch, United States Department of Justice, (Susan Burnett Mansfield), New York City; of counsel: Karen P. Binder, Office of Assistant Chief Counsel, United States Customs Service, for defendant.


Opinion

MUSGRAVE, Judge.

Plaintiff Caterpillar Inc. ("Caterpillar") brings this action to contest the denial by the United States Customs Service ("Customs") of its protest filed pursuant to section 515 of the Tariff Act of 1930, as amended by 19 U.S.C. § 1515. Caterpillar's timely filing of the protest and Customs' subsequent denial thereof affords Caterpillar standing to bring this action. 28 U.S.C. § 2631(a). The Court's jurisdiction over this...

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