INTERNATIONAL CUSTOM PRODUCTS, INC. v. U.S.

Slip Op. 08-36. Court No. 07-00318.

549 F.Supp.2d 1384 (2008)

INTERNATIONAL CUSTOM PRODUCTS, INC., Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

March 31, 2008.


Attorney(s) appearing for the Case

Mayer Brown LLP (Andrew A. Nicely and Simeon M. Kriesberg), for Plaintiff.

Jeffrey S. Bucholtz, Acting Assistant Attorney General; Jeanne E. Davidson, Director, Commercial Litigation Branch, Civil Division, United States Department of Justice (Edward F. Kenny), and Yelena Slepak, of counsel, Office of Assistant to Chief Counsel, International Trade Litigation, Department of Homeland Security, U.S. Customs and Border Protection, for Defendant.

Before: Gregory W. Carman, Judge.


OPINION & ORDER

CARMAN, Judge.

Before the Court is the USCIT Rule 12(b)(5) motion of Defendant (the "Government") to dismiss Plaintiffs action for failure to state a claim upon which relief can be granted.1 Plaintiff, International Gustom Products ("ICP"), alleges that U.S. Customs and Border Protection ("Customs") revoked a classification ruling previously given to ICP, resulting in a different classification of the product...

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