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HEARTLAND BY-PRODUCTS, INC. v. U.S.

Slip Op. 02-22, Court No. 99-09-00590.

223 F.Supp.2d 1317 (2002)

HEARTLAND BY-PRODUCTS, INC., Plaintiff, v. UNITED STATES of America, Defendant, and United States Beet Sugar Association, Defendant-Intervenor.

United States Court of International Trade.

February 26, 2002.

Attorney(s) appearing for the Case

Mayer, Brown, Rowe & Maw, (Simeon M. Kriesberg), Andrew A. Nicely, Eldad Z. Malamuth, and Serko & Simon, David Serko, Daniel J. Gluck, Jerome L. Hanifin for Plaintiff.

Robert D. McCallum, Jr., Assistant Attorney General; John J. Mahon, Acting Attorney-in-Charge, International Trade Field Office, Commercial Litigation Branch, Civil Division, Department of Justice (Aimee Lee); Karen P. Binder, Office of Assistant Chief Counsel, International Trade Litigation, Customs Service, (Yelena Slepak) and Allan Martin, Associate Chief Counsel, Customs Service, (Ellen Daly), of counsel, for Defendant.

Wilmer, Cutler & Pickering, (Lewis J. Liman), Rick A. Bierschbach, for Defendant-Intervenor.

American Association of Exporters and Importers, (John P. Simpson, President) Amicus Curiae.

OPINION

BARZILAY, Judge.

I. INTRODUCTION

This case is one of first impression for two important issues. First, the court is asked to determine the scope of its jurisdiction under 28 U.S.C. § 1581(h)(1994), review of pre-importation rulings. Second, the court is asked to interpret the application of the 60 day grace period provided by 19 U.S.C. § 1625(c)(1999) to an importer when a ruling by the United States Customs Service ("Customs...

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