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HARTFORD FIRE INS. CO. v. U.S.

Slip Op. 07-132, Court No. 07-00101.

507 F.Supp.2d 1331 (2007)

HARTFORD FIRE INSURANCE CO., Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

August 29, 2007.

Attorney(s) appearing for the Case

Barnes, Richardson & Colburn,(Daniel F. Shapiro, Eric W. Lander, and Sandra L. Friedman), New York City, for Plaintiff.

Peter D. Keisler, Assistant Attorney General; David M. Cohen, Director; Patricia M. McCarthy, Assistant Director, Commercial Litigation Branch, Civil Division, U.S. Department of Justice (Michael J. Dierberg), Beth C. Brotman, Bureau of Customs and Border Protection, of counsel, for the Defendant.

Before: Pogue, Judge.

OPINION

DONALD C. POGUE, Judge.

Faced with a demand by the United States Bureau of Customs and Border Protection ("Customs") for the payment of antidumping duties pursuant to Plaintiff's bond guaranteeing the payment of such duties, Plaintiff, in this action, asks the court to declare its bond unenforceable. Pursuant to USCIT R. 12(b)(1), Defendant moves to dismiss, claiming a lack of subject matter jurisdiction because of Plaintiffs failure to utilize or...

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