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TR INTERNATIONAL TRADING COMPANY v. UNITED STATES

2020-1830.

4 F.4th 1363 (2021)

TR INTERNATIONAL TRADING COMPANY, INC., Plaintiff-Appellant, v. UNITED STATES, United States Department of Commerce, International Trade Administration, Gina M. Raimondo, Secretary of Commerce, Troy Miller, in His Official Capacity as Senior Official Performing the Duties of the Commissioner for United States Customs and Border Protection, United States Customs and Border Protection, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Decided: July 14, 2021.

Attorney(s) appearing for the Case

John Michael Peterson , Neville Peterson LLP, New York, NY, argued for plaintiff-appellant. Also represented by Lawrence Joseph Bogard , Michael Konrad Tomenga , Washington, DC.

Joshua E. Kurland , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for defendants-appellees. Also represented by Jeffrey B. Clark , Jeanne Davidson , Loren Misha Preheim.

William Mitchell Purdy , Office the Chief Counsel for Trade Enforcement and Compliance, United States Department of Commerce, Washington, DC, for defendants-appellees United States Department of Commerce, International Trade Administration, Gina M. Raimondo.

Paula S. Smith , Office of the Assistant Chief Counsel, United States Bureau of Customs and Border Protection, United States Department of Homeland Security, New York, NY, for defendant-appellee United States Customs and Border Protection.

Before Prost, Chen, and Hughes, Circuit Judges.

After duties were assessed on its import of citric acid, Appellant TR International Trading Company, Inc. filed suit in the Court of International Trade, asserting jurisdiction under 28 U.S.C. § 1581(i). Because § 1581(i) is a residual grant of jurisdiction and because TRI had other adequate avenues for its claims...

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