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KENT INTERNATIONAL, INC. v. U.S.

Court No. 15-00135 Slip Op. 17-123.

264 F.Supp.3d 1340 (2017)

KENT INTERNATIONAL, INC., Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

September 8, 2017.

Attorney(s) appearing for the Case

Philip Y. Simons and Jerry P. Wiskin , Simmons & Wiskin, of So. Amboy, NJ for Plaintiff Kent International, Inc.

Hardeep K. Josan , Trial Attorney, Commercial Litigation Branch, Civil Division, U S. Department of Justice, of New York, NY, for Defendant United States. With her on the brief were Chad A. Readier , Acting Assistant Attorney General, Jeanne E. Davidson , Director, Amy M. Rubin , Assistant Director. Of counsel on the brief was Yelena Slepak , Office of Assistant Chief Counsel, International Trade Litigation, U.S. Customs and Border Protection of New York, NY.

OPINION and ORDER

Before the court is Defendant United States' partial motion to dismiss the second and third causes of action ("Count 2" and "Count 3" respectively) of Plaintiff's complaint pursuant to USCIT Rule 12(b)(6)1. Defendant seeks to dismiss Plaintiff's Count 2, which alleges the existence...

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