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HITACHI HOME ELECTRONICS (AMERICA) v. U.S.

Slip Op. 10-46. Court No. 09-00191.

704 F.Supp.2d 1315 (2010)

HITACHI HOME ELECTRONICS (AMERICA), INC., Plaintiff, v. UNITED STATES, United States Customs and Border Protection, and Rosa Hernandez, Port Director, United States Customs and Border Protection, (Otay Mesa) San Diego, California, Defendants.

United States Court of International Trade.

April 30, 2010.

Attorney(s) appearing for the Case

Sidney N. Weiss; The Zisser Law Group (Steven B. Zisser), of counsel, for the plaintiff.

Tony West, Assistant Attorney General; Barbara S. Williams, Attorney in Charge, International Trade Field Office, Commercial Litigation Branch, Civil Division, U.S. Department of Justice (Justin R. Miller); Paula S. Smith, Office of the Assistant Chief Counsel, International Trade Litigation, U.S. Customs and Border Protection, of counsel, for the defendants.

RESTANI, Chief Judge.

This customs duty rate matter is before the court on the motion of defendants, the United States, United States Customs and Border Protection, and Rosa Hernandez, the Port Director for (Otay Mesa) San Diego, California (collectively, "Customs"), to dismiss for lack of subject-matter jurisdiction pursuant to USCIT Rule 12(b)(1), and on plaintiff Hitachi Home Electronics (America), Inc.'s ("Hitachi") cross-motions for consolidation of this case...

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