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BLACK & WHITE VEGETABLE CO. v. U.S.

Slip Op. 00-162, Court No. 96-11-02568.

125 F.Supp.2d 531 (2000)

BLACK & WHITE VEGETABLE CO., Plaintiff, v. UNITED STATES of America, Defendant.

United States Court of International Trade.

December 12, 2000.

Attorney(s) appearing for the Case

Givens and Associates, PLLC (Robert T. Givens), Houston, TX, for Plaintiff.

David W. Ogden, Assistant Attorney General; Joseph I. Liebman, Attorney in Charge, International Trade Field Office, Commercial Litigation Branch, Civil Division, Department of Justice, Amy M. Rubin, Trial Attorney; Beth C. Brotman, Office of the Assistant Chief Counsel, International Trade Litigation, United States Customs Service, of counsel, Washington, DC, for Defendant.

OPINION

WALLACH, Judge.

I

Preliminary Statement

Plaintiff, Black & White Vegetable Company, Inc. ("Black & White"), sued to challenge the refusal by the United States Customs Service to reliquidate certain shipments of "Persian limes" imported by Black & White. Plaintiff now moves for summary judgment, claiming that reliquidation is required under 19 U.S.C. § 1520(c) (1988) because a mistake of fact regarding the...

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