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AUTOMATIC PLASTIC MOLDING, INC. v. U.S.

SLIP OP. 03-94. Court No. 99-00365.

276 F.Supp.2d 1362 (2003)

AUTOMATIC PLASTIC MOLDING, INC., Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

July 28, 2003.

Attorney(s) appearing for the Case

Law Office of George R. Tuttle, A P.C., San Francisco, CA, (George R. Tuttle III and Matthew K. Nakachi), and Tonsing Law Offices (Michael J. Tonsing), for Automatic Plastic Molding, Inc.

Peter D. Keisler, Assistant Attorney General, United States Department of Justice; John J. Mahon, Acting Attorney in Charge, International Trade Field Office, Commercial Litigation Branch, Civil Division, United States Department of Justice (Mikki Graves Walser); Office of the Assistant Chief Counsel, United States Bureau of Customs and Border Protection (Beth C. Brotman), for Defendant, of counsel.

OPINION

EATON, Judge.

Before the court is the application of Automatic Plastic Molding, Inc. ("APM"), for fees and expenses pursuant to USCIT Rule 68 and the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412 (2000). For the reasons set forth below, the court denies this application.

BACKGROUND

In the underlying action APM challenged the United States Customs Service's ("Customs")1 classification of...

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