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AUTOALLIANCE INTERN., INC. v. U.S.

Slip Op. 02-137, Court No. 01-01070.

240 F.Supp.2d 1315 (2002)

AUTOALLIANCE INTERNATIONAL, INC. Plaintiff, v. UNITED STATES OF AMERICA, Defendant.

United States Court of International Trade.

November 22, 2002.

Attorney(s) appearing for the Case

Baker & Hostetler, LLP (Shelby F. Mitchell), Washington, DC, for Plaintiff.

Robert D. McCallum, Jr., Assistant Attorney General, John J. Mahon, Acting Attorney in Charge, International Trade Field Office, Harry A. Valetk, Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, Yalena Slepak, Office of Assistant Chief Counsel, International Trade Litigation, U.S. Customs Service, for Defendant, of counsel.

OPINION

CARMAN, Chief Judge.

Pursuant to U.S. CIT R. 12(b)(1), the defendant, the United States, moves to dismiss this action for lack of subject matter jurisdiction. Defendant argues that because the plaintiff, AutoAlliance International, Inc. ("AAI"), failed to file a summons in this Court challenging the partial denial of the protests to the original liquidation, the original liquidation of the subject merchandise has become final and conclusive. Plaintiff...

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