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

No. Slip Op. 04-78. Court No. 03-00307.

341 F.Supp.2d 1284 (2004)

HEARTLAND BY-PRODUCTS, INC., Plaintiff, v. UNITED STATES of America, Defendant,

United States Court of International Trade.

July 1, 2004.


Attorney(s) appearing for the Case

Serko & Simon (David Serko, New York City, Daniel J. Gluck, Chicago, IL), for Plaintiff.

Peter D. Keisler, Assistant Attorney General; Barbara S. Williams, Attorney-in-Charge, International Trade Field Office; Commercial Litigation Branch, Civil Division, Department of Justice (Aimee Lee); Karen P. Binder, Assistant Chief Counsel, International Trade Litigation, Bureau of Customs and Border Protection, (Yelena Slepak) and Allan Martin, Associate Chief Counsel, Bureau of Customs and Border Protection, (Ellen Daly), for Defendant, of counsel.


OPINION

BARZILAY, Judge.

This case involves an ongoing dispute between Heartland By-Products, Inc., a Canadian sugar refiner and importer, and the Bureau of Customs and Border Protection ("Customs" or "the government"). The original substantive issue, which involved Heartland's challenge to a revocation ruling by Customs, has already been decided and settled. The subject of the instant litigation is the proper disposition of entries imported by Heartland...

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