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HORIZON LINES, LLC v. U.S.

Slip Op. 11-141. Court No. 08-00009.

800 F.Supp.2d 1344 (2011)

HORIZON LINES, LLC, Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

November 18, 2011.

Attorney(s) appearing for the Case

Williams Mullen (Evelyn M. Suarez, Washington, DC, George H. Bowles, Virginia Beach, VA, Dean A. Barclay, and Julia Forbes Thompson, Washington, DC) for Plaintiff Horizon Lines, LLC; and Robert S. Zuckerman, of Counsel, for Plaintiff Horizon Lines, LLC.

Tony West, Assistant Attorney General; Barbara S. Williams, Attorney in Charge, International Trade Field Office, U.S. Department of Justice (Edward F. Kenny, New York, NY, and Jason M. Kenner); and Paula Smith, U.S. Customs and Border Protection, of Counsel, for Defendant United States.

FINDINGS OF FACT, CONCLUSIONS OF LAW, AND JUDGMENT

WALLACH, Judge:

I

STANDARD OF REVIEW

Pursuant to the court's jurisdiction under 28 U.S.C. § 1581(a), the statute provides for judicial review of denied protests filed in accordance with 19 U.S.C. § 1514. Although Customs' decisions are entitled to a presumption of correctness under 28 U.S.C. § 2639(a)(1), the Court makes its determinations upon the basis of...

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