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U.S. v. NITEK ELECTRONICS, INC.

No. 2015-1166.

806 F.3d 1376 (2015)

UNITED STATES, Plaintiff-Appellant v. NITEK ELECTRONICS, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

December 1, 2015.

Attorney(s) appearing for the Case

Stephen Carl Tosini , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for appellant. Also represented by Jeanne E. Davidson , Patricia M. McCarthy , Benjamin C. Mizer ; Eric Paul Delmar , Office of the Assistant Chief Counsel, United States Customs and Border Protection, El Paso, TX.

Robert Clifton Burns , Bryan Cave LLP, Washington, DC, argued for appellee. Also represented by Michael Zara , Santa Monica , CA.

Before NEWMAN, CLEVENGER, and O'MALLEY, Circuit Judges.

The United States appeals from a decision of the United States Court of International Trade dismissing the Government's penalty claim based on negligence for failure to exhaust the administrative remedies under 19 U.S.C. § 1592. United States v. Nitek Elecs., Inc., 844 F.Supp.2d 1298

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