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ALCAN ALUMINUM CORP. v. U.S.

Slip Op. 97-156. Court No. 94-09-00539.

986 F.Supp. 1436 (1997)

ALCAN ALUMINUM CORPORATION, Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

November 21, 1997.

Attorney(s) appearing for the Case

Barnes, Richardson & Colburn (Rufus E. Jarman, Jr. and Frederic D. Van Arnam, Jr.), New York City, for plaintiff.

Frank W. Hunger, Assistant Attorney General, Joseph I. Liebman, Attorney in Charge, International Trade Field Office, Commercial Litigation Branch, Civil Division, U.S. Department of Justice (Amy M. Rubin); and Office of the Assistant Chief Counsel, International Trade Litigation, U.S. Customs Service (Mark G. Nackman), of counsel, Washington, DC, for defendant.

Opinion & Order

AQUILINO, Judge.

This action, which has been designated a test case within the meaning of CIT Rule 84(b), contests imposition of merchandise-processing fees on imports from Canada at a rate allegedly at odds with the Free Trade Agreement in effect between that country and the United States on the dates of entry. The fees collected by the U.S. Customs Service were 0.19 percent ad valorem pursuant to 19 U.S.C. § 58c(a...

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