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U.S. v. STANLEY WORKS

Court Number 93-03-00140. Slip Op. 93-240.

849 F.Supp. 46 (1993)

UNITED STATES, Plaintiff, v. The STANLEY WORKS, Defendant.

United States Court of International Trade.

December 20, 1993.

Attorney(s) appearing for the Case

Frank W. Hunger, Asst. Atty. Gen., David M. Cohen, Director, Civ. Div., Commercial Litigation Branch, U.S. Dept. of Justice, Edmund W. Chapman; C. Parker-Harrison, U.S. Customs Service, of counsel, Washington, DC, for plaintiff.

Skadden, Arps, Slate, Meagher & Flom, Rodney O. Thorson and Alicia J. Batts, Washington, DC, for defendant.

OPINION

CARMAN, Judge:

Plaintiff commenced this action to recover civil penalties for violations of 19 U.S.C. § 1592(d) (1988) and to recover marking duties, provided in 19 U.S.C. § 1304(f) (1988), pursuant to 19 U.S.C. 1592(d). This Court has jurisdiction over this matter based on 28 U.S.C. § 1582 (1988). Defendant moves to dismiss this action pursuant to USCIT Rules 12(b)(1), (2) and (5), for (1) lack of subject matter jurisdiction, (2)...

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