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WIRTGEN AMERICA, INC. v. U.S.

Slip Op. 20-29 Court No. 20-00027.

437 F.Supp.3d 1302 (2020)

WIRTGEN AMERICA, INC., Plaintiff, v. UNITED STATES, et al., Defendants.

United States Court of International Trade.

March 4, 2020.

Attorney(s) appearing for the Case

Daniel E. Yonan , Sterne, Kessler, Goldstein & Fox, PLLC, New York, New York, for plaintiff. With him on the brief were Dallin Glenn , Donald R. Banowit , and Kristina Caggiano Kelly .

Guy R. Eddon , Trial Attorney and Patricia M. McCarthy , Assistant Director, U.S. Department of Justice, Commercial Litigation Branch, Civil Division, New York, New York, for the United States. With them on the brief were Joseph H. Hunt , Assistant Attorney General, Jeanne E. Davidson , Director, Justin R. Miller , Assistant Director, and Marcella Powell , Jason M. Kenner , and Edward F. Kenny , Senior Trial Counsel.

OPINION AND ORDER

Plaintiff Wirtgen America, Inc. ("Wirtgen") brought this action on January 30, 2020 to contest the exclusion from entry of its merchandise, which consists of six road-milling machines that were imported on three recent entries. U.S. Customs and Border...

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