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OLD REPUBLIC INS. CO. v. UNITED STATES

Court No. 83-6-00801.

625 F.Supp. 983 (1986)

OLD REPUBLIC INSURANCE COMPANY, Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

January 2, 1986.

Attorney(s) appearing for the Case

Sandler & Travis, Gilbert Lee Sandler, Miami, Fla., for plaintiff.

Richard K. Willard, Asst. Atty. Gen., Washington, D.C., Joseph I. Liebman, Atty. in Charge, Intern. Trade Field Office, Commercial Litigation Branch, Kenneth N. Wolf, New York City, for defendant.

MEMORANDUM OPINION AND ORDER

DiCARLO, Judge:

Plaintiff, a surety, brings this action challenging the United States Customs Service's (Customs) classification of merchandise invoiced as "LPG equipment for cars" under item 711.78, Tariff Schedules of the United States (TSUS). Defendant moves to dismiss the action for lack of jurisdiction claiming that the protest was not timely filed. The motion is denied.

On September 10, 1980, the merchandise entered...

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