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XL SPECIALTY INS. CO. v. U.S.

Slip Op. 04-61. Court No. 01-00900.

341 F.Supp.2d 1251 (2004)

XL SPECIALTY INSURANCE CO. (Surety for Cosmos Electronics Co.), Plaintiff, v. UNITED STATES of America, Defendant.

United States Court of International Trade.

June 8, 2004.

Attorney(s) appearing for the Case

Jeffrey S. Kranig, Schaumburg, IL, for Plaintiff.

Peter D. Keisler, Assistant Attorney General; David M. Cohen, Director, Commercial Litigation Branch, Civil Division, United States Department of Justice; Barbara S. Williams, Attorney in Charge, International Trade Field Office, Commercial Litigation Branch, Civil Division, United States Department of Justice; James A. Curley, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice; Michael W. Heydrich, Attorney, Office of Assistant Chief Counsel, United States Bureau of Customs and Border Protection, for Defendant, of counsel.

OPINION

CARMAN, Judge.

Pursuant to USCIT Rule 12(b)(1), Defendant moves to dismiss this action for lack of subject matter jurisdiction. Plaintiff, XL Specialty Insurance Co. (Surety for Cosmos Electronics Co.) ("XL Speciality"), alleges jurisdiction under 28 U.S.C. § 1581(a) (2000). Defendant argues that XL Specialty failed to file a proper protest. Plaintiff opposes Defendant's motion and moves, pursuant to USCIT Rule 15(a), for leave to amend its...

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