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HARTOG FOODS INTERN., INC. v. U.S.

SLIP OP. 00-171. No. 99-03-00146.

138 F.Supp.2d 1309 (2000)

HARTOG FOODS INTERNATIONAL, INC., Plaintiff, v. The UNITED STATES, Defendant.

United States Court of International Trade.

December 28, 2000.

Attorney(s) appearing for the Case

Barnes, Richardson & Colburn, New York City (Rufus E. Jarman, Jr.) for plaintiff.

David W. Ogden, Assistant Attorney General, Joseph I. Liebman, Attorney in Charge, International Trade Field Office, Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC (James A. Curley), Chi S. Choy, Office of Assistant Chief Counsel, United States Customs Service, of counsel, for defendant.

OPINION

RESTANI, Judge.

This matter is before the court on cross-motions for summary judgment. Plaintiff seeks interest on refund of duties. Defendant argues that the refunds are not of "excess moneys deposited" on entries of imported merchandise and that, therefore, interest is not owed under 19 U.S.C. § 1505(c) (1994).

Facts

Plaintiff, Hartog Foods International, Inc. ("Hartog"), is the importer of record and consignee...

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