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UNIPRO FOODSERVICE, INC. v. U.S.

Slip Op. 08-98. Court No. 05-00562.

577 F.Supp.2d 1348 (2008)

UNIPRO FOODSERVICE, INC., Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

September 17, 2008.

Attorney(s) appearing for the Case

Saul Ewing LLP, (Jeffrey S. Levin), Washington, DC, for UniPro Foodservice Inc., Plaintiff.

Gregory G. Katsas, Assistant Attorney General; Barbara S. Williams, Attorney-in-Charge, International Trade Field Office; Marcella Powell, Civil Division, Commercial Litigation Branch, United States Department of Justice; Of Counsel, Yelena Slepak, Office of the Assistant Chief Counsel, United States Bureau of Customs and Border Protection, for United States, Defendant.

OPINION

TSOUCALAS, Senior Judge.

Defendant United States Bureau of Customs and Border Protection1 ("Defendant" or "Customs") moves to dismiss the complaint on the ground that it lacks subject matter jurisdiction pursuant to USCIT R. 12(b)(1). For the reasons set forth herein, Defendant's motion is granted.

DISCUSSION

I. Background

Plaintiff UniPro Food Service, Inc. ("UniPro" or "Plaintiff') commenced...

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