Guy R. Eddon , Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of New York, N.Y., argued for defendant United States. With him on the brief were Brian M. Boynton , Acting Assistant Attorney General, Patricia M. McCarthy , Director, Aimee Lee , Assistant Director, and Justin R. Miller , Attorney-in-Charge. Of counsel on the brief was Alexandra Khrebtukova , Office of the Assistant Chief Counsel, International Trade Litigation, U.S. Customs and Border Protection, of New York, N.Y.
OPINION
Reif, Judge:
The action before the court involves a motion to dismiss for lack of subject matter jurisdiction pursuant to United States Court of International Trade ("USCIT") Rule 12(b)(1). Plaintiffs, Borusan Mannesmann Boru Sanayi Ticaret A.S. ("BMB") and Gulf Coast Express Pipeline LLC ("GCX"), initiated...
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