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INDUSTRIAL CHEMICALS, INC. v. UNITED STATES

2019-1176.

941 F.3d 1368 (2019)

INDUSTRIAL CHEMICALS, INC., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: November 8, 2019.

Attorney(s) appearing for the Case

Robert Givens , Joshua Beker , Givens & Johnston, PLLC, Houston, TX, argued for plaintiff-appellant.

Guy Eddon , International Trade Field Office, Commercial Litigation Branch, Civil Division, United States Department of Justice, New York, NY, argued for defendant-appellee. Also represented by Amy Rubin , Jamie Shookman ; Joseph H. Hunt , Jeanne Davidson , Washington, DC; Yelena Slepak , Office of the Assistant Chief Counsel, United States Bureau of Customs and Border Protection, United States Department of Homeland Security, New York, NY.

Before Prost, Chief Judge, Wallach and Hughes, Circuit Judges.

Appellant Industrial Chemicals, Inc. ("Industrial Chemicals") appeals from the judgment of the U.S. Court of International Trade ("CIT") dismissing its complaint. The CIT held that it lacked jurisdiction under 28 U.S.C. § 1581(a) (2012) to consider Industrial Chemicals' claim that the U.S. Customs and Border Protection...

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