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HORIZON LINES, LLC v. U.S.

Slip Op. 11-141. Court No. 08-00009.

800 F.Supp.2d 1344 (2011)

HORIZON LINES, LLC, Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

November 18, 2011.

Attorney(s) appearing for the Case

Williams Mullen ( Evelyn M. Suarez , Washington, DC, George H. Bowles , Virginia Beach, VA, Dean A. Barclay , and Julia Forbes Thompson , Washington, DC) for Plaintiff Horizon Lines, LLC; and Robert S. Zuckerman, of Counsel, for Plaintiff Horizon Lines, LLC.

Tony West , Assistant Attorney General; Barbara S. Williams , Attorney in Charge, International Trade Field Office, U.S. Department of Justice ( Edward F. Kenny , New York, NY, and Jason M. Kenner ); and Paula Smith , U.S. Customs and Border Protection, of Counsel, for Defendant United States.

FINDINGS OF FACT, CONCLUSIONS OF LAW, AND JUDGMENT

WALLACH, Judge:

I

STANDARD OF REVIEW

Pursuant to the court's jurisdiction under 28 U.S.C. § 1581(a), the statute provides for judicial review of denied protests filed in accordance with 19 U.S.C. § 1514. Although Customs' decisions are entitled to a presumption of correctness under 28 U.S.C. § 2639(a)(1), the Court makes its determinations upon the basis of...

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