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SYVA CO. v. U.S.

Court No. 86-04-00476.

681 F.Supp. 885 (1988)

SYVA COMPANY, Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

March 8, 1988.

Attorney(s) appearing for the Case

Adduci, Dinan, Mastriani, Meeks & Schill, Jeffrey A. Meeks and Ralph H. Sheppard, Washington, D.C., for plaintiff.

James M. Spears, Acting Asst. Atty. Gen., Washington, D.C., Joseph I. Liebman, Atty. in Charge, Intern. Trade Field Office, Commercial Litigation Branch, U.S. Dept. of Justice, Michael P. Maxwell, New York City, for defendant.

MEMORANDUM OPINION AND ORDER

TSOUCALAS, Judge:

The central issue in this matter is whether plaintiff's failure to remit interest, which had accrued upon unpaid liquidated duties, constitutes a jurisdictional defect in that "all charges and exactions" were not paid before plaintiff commenced this action. The Court concludes that such an omission is fatal and thus, does not have jurisdiction over this action.

BACKGROUND

The subject goods...

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