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GILDA INDUSTRIES, INC. v. U.S.

Slip Op. 08-51. Court No. 07-00474.

556 F.Supp.2d 1366 (2008)

GILDA INDUSTRIES, INC., Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

May 14, 2008.

Attorney(s) appearing for the Case

Peter S. Herrick, for Plaintiff Gilda Industries, Inc.

George G. Katsas Acting Assistant Attorney General, Jeanne E. Davidson Director, Patricia M. McCarthy Assistant Director, (David S. Silverbrand) Commercial Litigation Branch, Civil Division, U.S. Department of Justice; Office of General Counsel, Executive Office of the President, Office of the United States Trade Representative, (William Busis) of counsel, for Defendant United States.

OPINION AND ORDER

MUSGRAVE, Senior Judge.

Plaintiff Gilda Industries, Inc. ("Gilda"), is an importer of toasted breads from Spain. On December 17, 2007, Gilda filed with the Court a complaint for damages for the 100% duties that U.S. Customs and Border Protection ("Customs") has collected on Gilda's imports of toasted breads since July 29, 2007. Gilda alleges that Customs has no legal authority to collect the 100% duties because pursuant to 19 U.S.C. §...

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