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U.S. v. NITEK ELECTRONICS, INC.

Slip Op. 12-50. Court No. 11-00078.

844 F.Supp.2d 1298 (2012)

UNITED STATES, Plaintiff, v. NITEK ELECTRONICS, INC., Defendant.

United States Court of International Trade.

April 13, 2012.

Attorney(s) appearing for the Case

Stuart F. Delery , Acting Assistant Attorney General; Jeanne E. Davidson , Director; Patricia M. McCarthy , Assistant Director, Washington, DC; Delisa M. Sanchez , Commercial Litigation Branch, Civil Division, U.S. Department of Justice; and Eric P. Delmar , U.S. Customs and Border Protection, Of Counsel, for Plaintiff United States.

Baker & McKenzie, LLP ( William D. Outman, II , San Francisco, CA, Michael E. Murphy , Kevin J. Sullivan , Washington, DC), for Defendant Nitek Electronics, Inc.

MEMORANDUM & ORDER

BARZILAY, Senior Judge:

Plaintiff United States brings this action pursuant to section 592 of the Tariff Act of 1930, 19 U.S.C. § 1592, seeking recovery of lost duties (Count I), lost antidumping duties (Count II), and penalties based upon negligence (Count III). Compl. ¶¶ 33-39. Currently before the court is Defendant Nitek Electronics, Inc.'s ("Defendant" or "Nitek") motion to dismiss this action pursuant to...

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