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ATTEBERRY v. U.S.

Slip Op. 03-53. Court No. 02-00647.

267 F.Supp.2d 1364 (2003)

Daniel ATTEBERRY, Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

May 14, 2003.

Attorney(s) appearing for the Case

Vanessa von Struensee, for Plaintiff.

Robert D. McCallum, Jr., Assistant Attorney General; John J. Mahon, Acting Attorney-in-Charge, International Trade Field Office, Commercial Litigation Branch, Civil Division, United States Department of Justice (Jack S. Rockafellow); Yelena Slepak, Office of Assistant Chief Counsel, International Trade Litigation, Bureau of Customs and Border Protection, United States Department of Homeland Security, for Defendant, of counsel.

OPINION

RIDGWAY, Judge.

The United States ("Government") has moved to dismiss for lack of subject matter jurisdiction this action in which plaintiff Daniel Atteberry ("Importer") contests the decision of the United States Customs Service ("Customs")1 re-classifying for tariff purposes certain merchandise which he describes as "bike[s]/kart[s]/scooter[s]." Specifically, the Government...

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