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CARGILL CITRO-AMERICA, INC. v. U.S.

Slip Op 05-101, Court No. 03-00348.

395 F.Supp.2d 1222 (2005)

CARGILL CITRO-AMERICA, INC. Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

August 23, 2005.

Attorney(s) appearing for the Case

Neville Peterson LLP (John M. Peterson) for Cargill Citro-America, Inc., plaintiff.

Peter D. Keisler, Assistant Attorney General; Barbara S. Williams, Attorney-in-Charge, International Trade Field Office, Mikki Graves Walser, Commercial Litigation Branch, Civil Division, United States Department of Justice; Chi S. Choy, Office of the Assistant Chief Counsel, Bureau of Customs and Border Protection, for the United States, defendant, of counsel.

OPINION

TSOUCALAS, Senior Judge:

[Plaintiff's motion for summary judgment is granted. Defendant's cross-motion for summary judgment is denied.]

Plaintiff, Cargill Citro-America, Inc. ("Cargill") moves pursuant to USCIT R. 56 for summary judgment on the ground that there is no genuine issue as to any material facts. Cargill argues that its claim for substitution unused merchandise drawback with respect to certain exported frozen concentrated orange...

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