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CHERRY LANE FASHION GROUP, INC. v. U.S.

No. 88-08-00668.

712 F.Supp. 190 (1989)

CHERRY LANE FASHION GROUP, INC., Plaintiff, v. UNITED STATES; John H. Heinrich, District Director; Robert T. Henderson, Import Specialist; and Santiago Lahoz, Jr., Import Specialist, Defendants.

United States Court of International Trade.

April 6, 1989.

Attorney(s) appearing for the Case

Law Offices of Elon A. Pollack, Elon A. Pollack and Michael R. Doram, Los Angeles, Cal., for plaintiff.

John R. Bolton, Asst. Atty. Gen., Joseph I. Liebman, Director, Commercial Litigation Branch, Civ. Div., U.S. Dept. of Justice, New York City, and James A. Curley, for defendants.

DiCARLO, Judge:

The Cherry Lane Fashion Group, Inc. (the "importer") filed a summons and complaint to contest an alleged deemed denial of an accelerated protest filed pursuant to 19 C.F.R. § 174.21(b) (1988) against a detention of women's wearing apparel to investigate a possible quota exclusion. Two days after the civil action was filed, the United States Customs Service (Customs) released the imported merchandise. Defendant now moves pursuant to Rule 12(b)...

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