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SCHULSTAD USA, INC. v. U.S.

No. SLIP OP. 02-144, Court No. 97-09-01572.

240 F.Supp.2d 1335 (2002)

SCHULSTAD USA, INC., Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

December 9, 2002.

Attorney(s) appearing for the Case

Hodes Keating & Pilon, Chicago, IL, (Lawrence R. Pilon and Jessica T. DePinto) for the plaintiff.

Robert D. McCallum, Jr., Assistant Attorney General; John J. Mahon, Acting Attorney in Charge, International Trade Field Office, Commercial Litigation Branch, Civil Division, U.S. Department of Justice (Aimee Lee); and Office of Assistant Chief Counsel, International Trade Litigation, U.S. Customs Service (Chi S. Choy), for defendant, of counsel.

Opinion

AQUILINO, Judge.

To bake, or not to bake, in the state of Denmark, that is the trans-Atlantic question that underlies this test case within the meaning of USCIT Rule 84(c). The decision not to fire up the oven over there has not left the U.S. Customs Service cool to imposing duties on the danish upon entry over here, which imposts have been protested and then sued upon by the plaintiff importer.

I

The duties assessed...

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