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ASSOCIATED DRY GOODS CORP. v. UNITED STATES

Court No. 81-4-00375.

521 F.Supp. 473 (1981)

ASSOCIATED DRY GOODS CORPORATION, Plaintiff, v. The UNITED STATES, et al., Defendants.

United States Court of International Trade.

August 3, 1981.

Attorney(s) appearing for the Case

Rode & Qualey, New York City (Michael S. O'Rourke and Patrick D. Gill, New York City, on the briefs) for plaintiff.

Stuart E. Schiffer, Acting Asst. Atty. Gen., Washington, D.C., David M. Cohen, Branch Director, Commercial Litigation Branch, New York City (Velta A. Melnbrencis, New York City, on the briefs); Pamela Breed, Deputy Asst. Gen. Counsel, Enforcement and Litigation, Dept. of Commerce, Washington, D.C., for defendants.

Daniels, Houlihan Palmeter, P.C. (Michael P. Daniels and Martin J. Lewin, Washington, D.C., on the briefs), for American Importers' Ass'n, Textile and Apparel Group, amicus curiae.

RAO, Judge:

Plaintiff, an importer of 100% Shetland wool full-fashioned ladies sweaters from the People's Republic of China (hereinafter PRC), contests the exclusion of its merchandise from entry by the Customs Service pursuant to a quota established for the merchandise by the Committee for the Implementation of Textile Agreements (hereinafter CITA). The case is before this court on defendants' motion to dismiss for failure to state a claim upon which relief can be...

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