BORUSAN MANNESMANN BORU SANAYI VE TICARET v. UNITED STATES

Slip Op. 22-58 Court No. 21-00186.

578 F.Supp.3d 1333 (2022)

BORUSAN MANNESMANN BORU SANAYI VE TICARET A.S. and Gulf Coast Express Pipeline, LLC, Plaintiffs, v. UNITED STATES, Defendant.

United States Court of International Trade.

June 1, 2022.


Attorney(s) appearing for the Case

Julie C. Mendoza , R. Will Planert , Edward J. Thomas III , Morris, Manning & Martin, LLP, of Washington, D.C., argued for plaintiff Borusan Mannesmann Boru Sanayi ve Ticaret A.S. With them on the brief were Donald B. Cameron, Jr. , Brady W. Mills , Mary S. Hodgins , Jordan L. Fleischer , and Nicholas C. Duffey . Jonathan T. Stoel and Jared R. Wessel , Hogan Lovells US LLP, of Washington, D.C., argued for plaintiff Gulf Coast Express Pipeline, LLC. With him on the brief were Nicholas W. Laneville .

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

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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