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FOREST LABORATORIES, INC. v. U.S.

Slip Op. 05-154. Court No. 03-00416.

403 F.Supp.2d 1348 (2005)

FOREST LABORATORIES, INC., Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

December 6, 2005.

Attorney(s) appearing for the Case

Barnes, Richardson & Colburn (Kevin J. Sullivan and James S. O'Kelly) for Forest Laboratories, Inc., plaintiff.

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

OPINION

TSOUCALAS, Senior Judge.

Plaintiff, Forest Laboratories, Inc. ("Forest Labs") moves for judgment on the pleadings pursuant to USCIT R. 12(c) on the ground that there is no genuine issue as to any material facts. Forest Labs contends that the Bureau of Customs and Border Protection of the Department of Homeland Security ("Customs"),1 defendant, is required to reliquidate...

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