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PILLSBURY CO. v. U.S.

SLIP OP. 03-140, No. 98-03190.

293 F.Supp.2d 1351 (2003)

THE PILLSBURY COMPANY, Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

October 27, 2003.

Attorney(s) appearing for the Case

Neville Peterson LLP, New York City (John M. Peterson, George W. Thompson, Mollie R. Coyne) for plaintiff The Pillsbury Company.

Peter D. Keisler, Assistant Attorney General; Barbara S. Williams, Acting Attorney in Charge; Saul Davis, Civil Division, Commercial Litigation Branch, United States Department of Justice; Edward M. Maurer, Office of Assistant Chief Counsel, International Trade Litigation, United States Bureau of Customs and Border Protection, for defendant United States, of counsel.

OPINION

GOLDBERG, Senior Judge.

Plaintiff The Pillsbury Company ("Pillsbury") filed this action to challenge the denial of its substitution unused merchandise drawback claims (the "drawback claims") made pursuant to 19 U.S.C. § 1313(j)(2) (2000). The drawback claims were made with respect to asparagus imported from Mexico, and asparagus grown in Washington State and exported to Canada. The Court has jurisdiction pursuant to 28 U.S.C. § 1581...

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