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BP PRODUCTS NORTH AMERICA INC. v. U.S.

Slip Op. 10-64. Court No. 06-00184.

716 F.Supp.2d 1291 (2010)

BP PRODUCTS NORTH AMERICA INC., Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

June 1, 2010.

Attorney(s) appearing for the Case

Phelan & Mitri, Stamford, CT ( Michael Francis Mitri and Christopher Eduard Pey ) for the plaintiff.

Tony West , Assistant Attorney General; Jeanne E. Davidson , Director, Barbara S. Williams , Attorney in Charge, International Trade Field Office, Commercial Litigation Branch, Civil Division, U.S. Department of Justice ( Justin Reinhart Miller and Mikki Cottet ); Paula S. Smith , Office of the Assistant Chief Counsel, International Trade Litigation, U.S. Customs and Border Protection, of counsel, for the defendant.

OPINION

RESTANI, Chief Judge.

This matter is before the court on cross-motions for summary judgment by Plaintiff BP Products North America ("BP"), an importer of merchandise for use in the production of commercial-grade unleaded gasoline, and Defendant United States ("the Government") pursuant to USCIT Rule 56. The Government asserts that the United States Bureau of Customs and Border Protection ("Customs") properly classified the subject merchandise...

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