OTTER PRODUCTS, LLC v. UNITED STATES

Slip Op. 23-43 Court No. 22-00033.

628 F.Supp.3d 1306 (2023)

OTTER PRODUCTS, LLC, Plaintiff, v. UNITED STATES, et al., Defendants.

United States Court of International Trade.

March 29, 2023.


Attorney(s) appearing for the Case

Louis S. Mastriani and Lydia C. Pardini , Polsinelli PC, of Washington, DC for plaintiff Otter Products, LLC.

Beverly A. Farrell , Senior Trial Attorney, and Justin R. Miller , Attorney-In-Charge, International Trade Field Office, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of New York, NY for defendants United States, U.S. Customs and Border Protection, and Chris Magnus in his capacity as Commissioner of U.S. Customs and Border Protection. Also on the brief were Brian M. Boynton , Principal Deputy Assistant Attorney General, and Patricia M. McCarthy , Director. Of counsel on the brief was Sabahat Chaudhary , Office of Assistant Chief Counsel, International Trade Litigation, U.S. Customs and Border Protection, of Washington, DC.


OPINION

Before the court is plaintiff Otter Products, LLC's motion for judgment on the agency record challenging the refusal of defendants United States, U.S. Customs and Border Protection ("CBP"), and CBP Commissioner Chris Magnus (collectively "Defendants") to pay interest on Otter's duty overpayments...

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