SXP SCHULZ XTRUDED PRODUCTS LLC v. UNITED STATES

Slip Op. 23-51 Court No. 22-00136.

633 F.Supp.3d 1179 (2023)

SXP SCHULZ XTRUDED PRODUCTS LLC, Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

April 19, 2023.


Attorney(s) appearing for the Case

Lawrence M. Friedman and Meaghan Elizabeth Vander Schaaf , Barnes, Richardson & Colburn, LLP of Chicago, IL, for Plaintiff SXP Schulz Xtruded Products LLC.

Aimee Lee , Assistant Director, Guy Eddon , Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of New York, N.Y. With them on the brief were Brian M. Boynton , Principal Deputy Assistant Attorney General, Patricia M. McCarthy , Director, and Justin R. Miller , Attorney-in-Charge, International Trade Field Office. Of counsel on the brief were Kenneth Kessler , Senior Counsel, Office of the Chief Counsel, U.S. Department of Commerce, and Mathias Rabinovitch , Office of the Assistant Chief Counsel, International Trade Litigation, U.S. Customs and Border Protection, of New York, N.Y.


OPINION AND ORDER

Plaintiff SXP Schulz Xtruded Products LLC ("Plaintiff" or "SXP") filed this action pursuant to the Court's residual jurisdiction under 28 U.S.C. § 1581(i), seeking a refund of duties imposed under Section 232 of the Trade Act of 1974 ("Section 232 duties"). SXP alleges that...

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