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TEXPORT OIL CO. v. U.S.

Slip Op. 98-21. Court Nos. 94-02-00088, 94-06-00362.

1 F.Supp.2d 1393 (1998)

TEXPORT OIL COMPANY, Plaintiff, v. UNITED STATES, Defendent.

United States Court of International Trade.

March 5, 1998.

Attorney(s) appearing for the Case

Barnes, Richardson & Colburn (Rufus E. Jarman, Jr. and Christopher E. Pey), for plaintiff.

Frank W. Hunger, Asst. Atty. Gen.; David M. Cohen, Director, Jeanne E. Davidson, Asst. Director, Commercial Litigation Branch, Civil Div., U.S. Dept. of Justice (John Warshawsky), for defendant.

OPINION

MUSGRAVE, Senior Judge.

Plaintiff, Texport Oil Company ("Texport"), brought this action to contest the denial of duty drawback claims of petroleum products by defendant, the United States Customs Service ("Customs"). Texport contends that the merchandise involved was commercially interchangeable. Customs denied the drawback claims based on incomplete and inconsistent testing of some import and export shipments. Texport provided evidence that the...

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