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OCEAN DUKE CORP. v. U.S.

Slip Op. 11-85. Court No. 11-00140.

781 F.Supp.2d 1374 (2011)

OCEAN DUKE CORPORATION, Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

July 18, 2011.

Attorney(s) appearing for the Case

Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt, LLP (Frances P. Hadfield, New York, NY, Robert B. Silverman, Lakewood, NJ, and Peter W. Klestadt, New York, NY), for Plaintiff.

Tony West, Assistant Attorney General; Jeanne E. Davidson, Director; Patricia M. McCarthy, Assistant Director, Washington, DC; Stephen C. Tosini, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, U.S. Department of Justice; Of Counsel, Chi S. Choy, Senior Attorney, Office of Assistant Chief Counsel, U.S. Customs & Border Protection, and Edward F. Kenny, Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, New York, NY, for Defendant.

OPINION & ORDER

BARZILAY, Senior Judge:

The present dispute between Plaintiff Ocean Duke Corporation ("Ocean Duke") and Defendant United States concerns five continuous entry bonds subject to enhanced bond requirements that U.S. Customs & Border Protection ("Customs") once imposed on certain importers. The salient question before the court asks whether the relevant statute of limitations...

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