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WHEATLAND TUBE CO. v. UNITED STATES

Court No. 22-00004 Slip Op. No. 22-22.

567 F.Supp.3d 1297 (2022)

WHEATLAND TUBE COMPANY, Plaintiff, v. UNITED STATES, et al., Defendants.

United States Court of International Trade.

March 18, 2022.

Attorney(s) appearing for the Case

Roger B. Schagrin , Schagrin Associates, of Washington, D.C., for plaintiff. With him on the response to the motion to dismiss were Luke A. Meisner , Nicholas J. Birch , and Benjamin J. Bay .

Antonia R. Soares , Senior Trial Counsel, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, D.C., for defendants. With her on the motion to dismiss were Brian M. Boynton , Principal Deputy Assistant Attorney General, Patricia M. McCarthy , Director, and Tara K. Hogan , Assistant Director. Of counsel on the motion to dismiss was Mathias Rabinovitch , Attorney, Office of the Assistant Chief Counsel, U.S. Customs and Border Protection.

OPINION

Plaintiff Wheatland Tube Company ("Wheatland"), a U.S. producer of steel pipes and tubes, commenced this action on January 12, 2022, claiming that U.S. Customs and Border Protection ("Customs" or "CBP") acted unlawfully in the actions it took, and declined to take, following Wheatland's submissions to Customs on...

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