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U.S. v. UNIVERSAL FRUITS AND VEGETABLES

No. 02-55340.

362 F.3d 551 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. UNIVERSAL FRUITS AND VEGETABLES CORPORATION; David Pai, aka Shih Wei Pai; Jason Pai, aka Chung Sheng Pai, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed March 17, 2004.

Attorney(s) appearing for the Case

Gina McCoy, Horvitz & Levy LLP, Encino, CA, argued the cause for the appellants and filed briefs. Mitchell C. Tilner also was on the briefs.

Douglas Hallward-Driemeier, an attorney on the appellate staff of the Civil Division, United States Department of Justice, Washington, D.C., argued the cause for the appellee and filed a brief. Robert D. McCallum, Assistant Attorney General, Debra W. Yang, United States Attorney, and Douglas N. Letter, also were on the brief.

Before: REINHARDT, O'SCANNLAIN, and FISHER, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We must decide which court — a federal district court or the Court of International Trade — has jurisdiction over an action brought by the United States under the False Claims Act arising out of an importer's scheme to avoid paying customs duties.

I

In July of 1994, the United States Department of Commerce ("Department") issued a preliminary determination that fresh garlic from the People's Republic of China...

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