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U.S. v. COMMODITIES EXPORT CO.

No. 89-03-00144.

755 F.Supp. 418 (1991)

UNITED STATES, Plaintiff, v. COMMODITIES EXPORT CO. and Old Republic Insurance Co., Defendants.

United States Court of International Trade.

January 9, 1991.

Attorney(s) appearing for the Case

Stuart M. Gerson, Asst. Atty. Gen., Joseph I. Liebman, Attorney in Charge, Intern. Trade Field Office, Civ. Div., Commercial Litigation Branch, U.S. Dept. of Justice and Mark S. Sochaczewsky, New York City, for plaintiff.

Walter H. Lubienski and Roger E. Craig, Detroit, Mich., for defendants.

OPINION

TSOUCALAS, Judge:

Defendants, Commodities Export Co. and Old Republic Insurance Co. (collectively, "Commodities"), have moved to dismiss the action by the United States Customs Service ("Customs") to collect liquidated damages on a bond. Defendants claim that the action is time barred because the statute of limitations has expired. Defendants also assert that Customs is barred from suing to collect liquidated damages on the relevant entries because...

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