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INTERNATIONAL CUSTOM PRODUCTS, INC. v. U.S.

Slip Op. 13-120. Court No. 08-00189.

931 F.Supp.2d 1338 (2013)

INTERNATIONAL CUSTOM PRODUCTS, INC., Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

September 4, 2013.

Attorney(s) appearing for the Case

Gregory H. Teufel and Jeremy L.S. Samek , Eckert Seamans Cherin & Mellott, LLC of Pittsburgh, PA, for Plaintiff. With them on the briefs were Simeon M. Kriesberg , Andrew A. Nicely , and Jeffrey C. Lowe , Mayer Brown LLP, of Washington, DC.

Edward F. Kenny , Trial Attorney, International Trade Field Office, Commercial Litigation Branch, Civil Division, United States Department of Justice, of New York, NY, for Defendant. With him on the briefs were Gregory G. Katsas , Assistant Attorney General, Barbara S. Williams , Attorney-in-Charge, and John J. Todor , Trial Attorney. Of counsel on the briefs was Yelena Slepak , Office of Assistant Chief Counsel, International Trade Litigation, United States Customs and Border Protection.

OPINION & ORDER

CARMAN, Judge:

The matter before this Court is a Motion to Dismiss Plaintiff's Complaint filed by Defendant United States ("Defendant" or "the government"). The government moves to dismiss Counts 1-8 pursuant to USCIT Rule 12(b)(1) for lack of subject matter jurisdiction; and to dismiss Count 8 (in the alternative) and Count 9 pursuant to USCIT Rule 12(b)(5) for failure to state a claim upon which relief can be granted. For the reasons...

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