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SHINYEI CORP. OF AMERICA v. U.S.

No. 03-1288.

355 F.3d 1297 (2004)

SHINYEI CORPORATION OF AMERICA, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

January 20, 2004.

Attorney(s) appearing for the Case

Charles H. Bayar, of Scarsdale, NY, argued for plaintiff-appellant.

James A. Curley, Attorney, Civil Division, Commercial Litigation, International Trade Field Office, United States Department of Justice, of New York, NY, argued for defendant-appellee. With him on the brief was Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, Commercial Litigation Branch of Washington, DC and John J. Mahon, Acting Attorney in Charge, of New York, NY. Of counsel on the brief was, Edward N. Maurer, Office of Assistant Chief Counsel, Bureau of Customs and Border Protection, New York, NY.

Before NEWMAN, MICHEL, and RADER, Circuit Judges.

MICHEL, Circuit Judge.

Shinyei Corporation of America ("Shinyei") appeals from a decision of the United States Court of International Trade dismissing its complaint for lack of subject matter jurisdiction. Shinyei Corp. of Am. v. United States, 248 F.Supp.2d 1350 (Ct. Int'l Trade 2003). The Court of International Trade held that liquidation of the subject entries mooted Shinyei's cause of action under the Administrative...

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