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SHINYEI CORP. OF AMERICA v. U.S.

Slip Op. 03-18. No. 00-00130.

248 F.Supp.2d 1350 (2003)

SHINYEI CORPORATION OF AMERICA, Plaintiff, v. UNITED STATES, et. al., Defendant.

United States Court of International Trade.

February 14, 2003.

Attorney(s) appearing for the Case

Charles H. Bayar, New York, NY, for Shinyei Corporation of America, plaintiff.

Robert D. McCallum, Jr., Assistant Attorney General; John J. Mahon, Acting Attorney in Charge, International Trade Field Office, Commercial Litigation Branch, Civil Division, United States Department of Justice (James A. Curley); Edward N. Maurer, Office of Assistant Chief Counsel, United States Customs Service, for the United States, defendant, of counsel.

BEFORE: Honorable NICHOLAS TSOUCALAS.

OPNION

TSOUCALAS, Senior Judge.

Defendant, the United States ("Defendant"), moves to dismiss this action pursuant to USCIT R. 12(b)(1) for lack of subject matter jurisdiction and USCIT R. 12(b)(5) for failure to state a claim on which relief can be granted. For the reasons stated herein, Defendant's motion to dismiss is granted under USCIT R. 12(b)(1) for lack of subject matter jurisdiction.

DISCUSSION

1. Background

A...

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