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KAIRALI DECAN, INC. v. U.S.

Slip Op. 11-99. Court No. 10-00242.

789 F.Supp.2d 1372 (2011)

KAIRALI DECAN, INC., a California corporation, Plaintiff, v. The UNITED STATES, Defendant.

United States Court of International Trade.

August 10, 2011.

Attorney(s) appearing for the Case

Law Offices of John M. Daley (John M. Daley), San Mateo, CA, for Plaintiff.

Tony West, Assistant Attorney General; Jeanne E. Davidson, Director, and Patricia M. McCarthy, Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, (L. Misha Preheim, Aimee Lee, New York, NY); Jonathan D. Stowers, United States Customs and Border Protection, of counsel, for Defendant.

OPINION & ORDER

CARMAN, Judge:

This matter is before the Court on Defendant's motion to dismiss for lack of subject matter jurisdiction pursuant to USCIT Rule 12(b)(1). (Def.'s Mot. to Dismiss ("Def.'s Mot.").) The question for the Court is whether an importer, whose identity is alleged to have been surreptitiously used by another to enter goods that never came into the importer's possession may...

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