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NATIONAL FISHERIES v. U.S. BUREAU OF CUSTOMS

Slip Op. 09-89. Court No. 05-00683.

637 F.Supp.2d 1270 (2009)

NATIONAL FISHERIES INSTITUTE, INC., et al., Plaintiffs, v. UNITED STATES BUREAU OF CUSTOMS AND BORDER PROTECTION, Defendant.

United States Court of International Trade.

August 25, 2009.

Attorney(s) appearing for the Case

Steptoe & Johnson LLP (Eric C. Emerson, Gregory S. McCue, and Michael A. Pass), Washington, DC, for plaintiffs.

Tony West, Assistant Attorney General, Jeanne E. Davidson, Director, Patricia M. McCarthy, Assistant Director, Barbara S. Williams, Attorney in Charge, International Trade Field Office, Commercial Litigation Branch, Civil Division, United States Department of Justice (Stephen C. Tosini); Chi S. Choy, Customs and Border Protection, United States Department of Homeland Security, of counsel, for defendant.

OPINION AND ORDER

STANCEU, Judge.

Plaintiffs National Fisheries Institute, Inc. ("NFI"), a non-profit trade association, and twenty-seven of its members move, pursuant to USCIT Rule 56. 1, for judgment upon the agency record against United States Customs and Border Protection ("Customs," "CBP," or the "Agency"). Pls.' Mot. for J. on the Agency R. 1 ("Pls.' Mot."). Plaintiffs claim that Customs contravened statutory provisions in imposing a new and...

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