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NUFARM AMERICA'S, INC. v. U.S.

Slip Op. 05-133, Court No. 02-00162.

398 F.Supp.2d 1338 (2005)

NUFARM AMERICA'S, INC., Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

October 5, 2005.

Attorney(s) appearing for the Case

Joel R. Junker, Joel R. Junker & Associates, Seattle, WA; David J. Shaffer, Ronald A. Schmidt, Garvey Schubert Barer, for Plaintiff NuFarm America's, Inc.

Robert D. McCallum, Jr., Assistant Attorney General, Barbara S. Williams, Acting Attorney in Charge, International Trade Field Office, Civil Division, Department of Justice, Commercial Litigation Branch; Beth C. Brotman, Office of Assistant Chief Counsel, International Trade Litigation, U.S. Customs and Border Protection, for Defendant United States.

OPINION

WALLACH, Judge.

I

INTRODUCTION

The Plaintiff in this case, Nufarm America's Inc. ("Nufarm") seeks to create a class of plaintiffs to join in challenging a duty deferral program administered by the United States Bureau of Customs and Border Protection ("Customs"). The plaintiff class would comprise all individuals or entities who paid duties pursuant to 19 C.F.R. § 181.53 (2000) (duty-deferral programs) at any time during...

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