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ROCHE VITAMINS, INC. v. U.S.

Slip Op. 11-103. Court No. 04-00175.

791 F.Supp.2d 1315 (2011)

ROCHE VITAMINS, INC., Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

August 11, 2011.

Attorney(s) appearing for the Case

Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP ( Erik D. Smithweiss , Los Angeles, CA, Joseph M. Spraragen , and Robert F. Seely , New York, NY), for Plaintiff Roche Vitamins, Inc.

Tony West , Assistant Attorney General; Barbara S. Williams , Attorney in Charge, International Trade Field Office, Commercial Litigation Branch, Civil Division, U.S. Department of Justice ( Saul Davis ); and Sheryl A. French , Office of the Assistant Chief Counsel, U.S. Customs and Border Protection, Of Counsel, New York, NY, for Defendant United States.

OPINION

WALLACH, Judge:

This matter, see generally Roche Vitamins, Inc. v. United States, 750 F.Supp.2d 1367 (CIT 2010), comes before the court on the Motion to Deem Admitted Certain Paragraphs of Plaintiff's Statement of Material Facts Not in Dispute ("Plaintiff's Motion") filed by Plaintiff Roche Vitamins, Inc.1 Plaintiff asks the court to deem admitted paragraphs 20

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