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NEC ELECTRONICS U.S.A. INC. v. U.S.

Court No. 84-05-00670.

709 F.Supp. 1171 (1989)

NEC ELECTRONICS U.S.A. INC., ELECTRONICS ARRAYS, DIV., Plaintiff, v. The UNITED STATES, Defendant.

United States Court of International Trade.

March 21, 1989.

Attorney(s) appearing for the Case

Horton & Whiteley, Robert Scott Whiteley, Oakland, Cal., for plaintiff.

John R. Bolton, Asst. Atty. Gen., Washington, D.C., Joseph I. Liebman, Attorney in Charge, Intern. Trade Field Office, Commercial Litigation Branch, U.S. Dept. of Justice, Susan Handler-Menahem, New York City, for defendant.

OPINION

AQUILINO, Judge:

This action attempts to challenge U.S. Customs Service denial of a request for reliquidation pursuant to 19 U.S.C. § 1520(c)(1). The defendant has interposed an answer to the complaint and also a "Motion to Dismiss for Lack of Jurisdiction, or in the Alternative, for Failure to State a Claim Upon Which Relief May be Granted".1

I

In its complaint, the plaintiff shows the merchandise...

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