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U.S. v. NIPPON MINIATURE BEARING CORP.

Slip Op. 01-72, Court No. 96-12-02853.

155 F.Supp.2d 707 (2001)

UNITED STATES, Plaintiff, v. NIPPON MINIATURE BEARING CORPORATION and Minebea Co., Ltd., Defendants.

United States Court of International Trade.

June 19, 2001.

Attorney(s) appearing for the Case

Stewart E. Schiffer, Acting Assistant Attorney General; David M. Cohen, Director; A. David Lafer, Senior Trial Counsel; Commercial Litigation Branch, Civil Division, United States Department of Justice (Michele D. Lynch); AnnMarie Highsmith, Office of the Chief Counsel, United States Customs Service, and Jeffrey B. Whalen, Attorney, Office of Regulations & Rulings, United States Customs Service, Washington, DC, for Plaintiff.*

Coudert Brothers, New York City, (Steven H. Becker, Robert L. Eisen, Paul A. Horowitz, Scott D. Schauf); Shaw Pittman (Jack McKay, Michele N. Tanaka), for Defendants.

OPINION

POGUE, Judge.

United States, Plaintiff, asserts that, "pursuant to section [43](b) of the Lanham Act[, 15 U.S.C. § 1125(b) (1988)], Customs was authorized to bar the goods [at issue] from entry into the United States." See Pl.'s Pretrial Mem. at 51. Defendants contest Customs' authority to make independent determinations that Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), has been violated, and allege that Customs can only...

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