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DEL MONTE CORP. v. U.S.

Slip Op. 12-131. Court No. 07-00109.

885 F.Supp.2d 1315 (2012)

DEL MONTE CORPORATION, Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

October 12, 2012.

Attorney(s) appearing for the Case

Baker & McKenzie LLP, San Francisco, CA, ( William D. Outman, II ) for the plaintiff.

Stuart F. Delery , Acting Assistant Attorney General; Barbara S. Williams , Attorney in Charge, International Trade Field Office, Commercial Litigation Branch, Civil Division, U.S. Department of Justice ( Alexander Vanderweide ); and Office of the Assistant Chief Counsel, International Trade Litigation, U.S. Customs and Border Protection ( Yelena Slepak ), of counsel, for the defendant.

Opinion & Order

AQUILINO, Senior Judge:

Plaintiff's two-count complaint contests classification by U.S. Customs and Border Protection ("CBP") of fillets or strips of tunafish handpacked in Thailand in microwaveable pouches to which "flavorant media or `sauces'" were added before sealing for export to the United States sub nom. Albacore Lemon & Cracked Pepper, Yellowfin Lightly Seasoned, and Teriyaki. The second count complains...

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