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H & H WHOLESALE SERVICES, INC. v. U.S.

Slip Op. 06-77. Court No. 05-00636.

437 F.Supp.2d 1335 (2006)

H & H WHOLESALE SERVICES, INC., Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

May 23, 2006.

Attorney(s) appearing for the Case

Edmund Maciorowski, for the 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, Bureau of Customs and Border Protection, Department of Homeland Security, of counsel, for the defendant.

OPINION

RESTANI, Chief Judge.

This matter is before the court on defendant's Motion to Dismiss a complaint filed by plaintiff, H & H Wholesale Services, Inc. ("H & H"), alleging that the Bureau of Customs and Border Protection ("Customs") acted arbitrarily and capriciously in "excluding" a shipment of "One Touch" blood glucose test strips (the "merchandise") imported on June 25, 2005. Defendant United States (the "Government") argues that...

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