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HENRY MAST GREENHOUSES, INC. v. U.S.

Slip Op. 95-198. Court No. 94-04-00221.

966 F.Supp. 1226 (1995)

HENRY MAST GREENHOUSES, INC., Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

December 4, 1995.

Attorney(s) appearing for the Case

Flickinger & Associates, P.C., Grand Rapids, MI (Mary A. Owens, of counsel), for Plaintiff.

Frank W. Hunger, Assistant Attorney General, Washington, DC; Joseph I. Liebman, Attorney in Charge, International Trade Field Office; Barbara Silver Williams, New York City, Civil Division Dept. of Justice, Commercial Litigation Branch, for Defendant.

OPINION

POGUE, Judge.

Plaintiff challenges Customs' refusal to reliquidate certain merchandise entered under an actual use provision of the Tariff Schedules of the United States. This case is before the court pursuant to 28 U.S.C. § 1581(a) on the summary judgment motions of the Plaintiff, Henry Mast Greenhouses, Inc., and the Defendant. The fundamental issue presented by the cross-motions is whether Plaintiff's unsupported allegation that "it...

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