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TARGET SPORTSWEAR, INC. v. U.S.

Slip Op. 95-7, Court No. 93-12-00833.

875 F.Supp. 835 (1995)

TARGET SPORTSWEAR, INC., Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

January 23, 1995.

Attorney(s) appearing for the Case

Wasserman, Schneider & Babb, New York City (Jack Gumpert Wasserman, Bernard Babb and David M. Steiner), Howard P. Roy, Gen. Counsel, Target Sportswear, Inc., of counsel, for plaintiff.

Frank W. Hunger, Asst. Atty. Gen., David M. Cohen, Director, Commercial Litigation Branch, Civ. Div., U.S. Dept. of Justice (Robert J. Krask), David J. Weiler, Office of the Chief Counsel for Int'l Commerce; Laura R. Siegel, Gen. Atty., Office of the Asst. Chief Counsel, Int'l Trade Litigation, U.S. Customs Service, Washington, DC, of counsel, for defendant.

Rosalie Simmonds Ballentine, Atty. Gen. of the Virgin Islands, Charlotte Amalie, St. Thomas, VI (Joseph M. Erwin, Asst. Atty. Gen. (Tax), Virgin Islands Dept. of Justice) and Winston & Strawn, Washington, DC (Peter N. Hiebert), of counsel, amicus curiae in support of plaintiff.

OPINION

NEWMAN, Senior Judge:

Introduction

A rejection by the United States Customs Service ("Customs") of plaintiff's entry of men's suits exported from the U.S. Virgin Islands due to plaintiff's failure to submit an export visa from the Dominican Republic, where the suits were assembled, showing compliance with quota restrictions on Dominican Republic textile products, as required by a 1993 interim regulation, precipitated this...

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