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MERCK & CO., INC. v. U.S.

Slip Op. 06-86. Court No. 02-00759.

435 F.Supp.2d 1253 (2006)

MERCK & CO., INC., Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

June 6, 2006.

Attorney(s) appearing for the Case

Galvin & Mlawski (John J. Galvin), New York City, for Plaintiff Merck & Co., Inc.

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

OPINION

BARZILAY, Judge.

Plaintiff Merck & Co., Inc. ("Merck"), has brought this action against the United States to contest Customs' denial of its timely-filed protest claim for "substitution unused merchandise duty drawback" on exports of substitute, fungible non-NAFTA origin goods to Canada and Mexico. See Pl.'s Mot. Summ. J. 1. Plaintiff asserts that pursuant to the relevant statutes...

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