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CYBER POWER SYSTEMS (USA) INC. v. UNITED STATES

Slip Op. 22-17 Court No. 20-00124.

560 F.Supp.3d 1347 (2022)

CYBER POWER SYSTEMS (USA) INC., Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

February 24, 2022.

Attorney(s) appearing for the Case

John M. Peterson , Richard F. O'Neill , and Patrick B. Klein , Neville Peterson LLP, of New York, N.Y., for the Plaintiff Cyber Power Systems (USA) Inc.

Brandon Kennedy , Trial Counsel, and Beverly A. Farrell , Senior Trial Counsel, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of New York, N.Y., for Defendant United States. With them on the brief were Brian M. Boynton , Acting Assistant Attorney General, Jeanne E. Davidson , Director, and Justin R. Miller , Attorney-in-Charge. Of counsel was Yelena Slepak , Attorney, Office of the Assistant Chief Counsel, International Trade Litigation, U.S. Customs and Border Protection.

OPINION and ORDER

This action began with a prior disclosure about a "Made in Philippines" over-label on packaging that was also marked "Made in China." U.S. Customs and Border Protection ("Customs" or "CBP") determined that the country of origin was China, not the Philippines...

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