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HOLFORD USA LTD. INC. v. U.S.

Slip Op. No. 95-209. Court No. 95-10-01298.

912 F.Supp. 555 (1995)

HOLFORD USA LTD. INC., Plaintiff, v. The UNITED STATES, Defendant.

United States Court of International Trade.

December 29, 1995.

Attorney(s) appearing for the Case

Neville, Peterson & Williams (Margaret R. Polito, John M. Peterson, David C. Williams, New York City, and James A. Marino), for plaintiff.

Frank W. Hunger, Assistant Attorney General, Washington, DC, Joseph I. Liebman, Attorney in Charge, International Trade Field Office, Commercial Litigation Branch, Civil Division, United States Department of Justice, Amy M. Rubin, Karen P. Binder, Senior Attorney, Office of Assistant Chief Counsel, International Trade Litigation, United States Customs Service, of counsel, New York City, for defendant.

OPINION

RESTANI, Judge:

This matter is before the court on a motion for judgment upon the agency record pursuant to USCIT Rule 56.1(a) by plaintiff Holford USA Ltd. Inc. ("Holford") and on a cross-motion to dismiss for lack of jurisdiction pursuant to USCIT Rule 12(b)(1). Plaintiff contests a determination denying reconsideration of a ruling by the United States Customs Service ("Customs") that denied application of the "grandfather" clause of section...

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