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U.S. v. NITEK ELECTRONICS, INC.

Slip Op. 12-50. Court No. 11-00078.

844 F.Supp.2d 1298 (2012)

UNITED STATES, Plaintiff, v. NITEK ELECTRONICS, INC., Defendant.

United States Court of International Trade.

April 13, 2012.

Attorney(s) appearing for the Case

Stuart F. Delery, Acting Assistant Attorney General; Jeanne E. Davidson, Director; Patricia M. McCarthy, Assistant Director, Washington, DC; Delisa M. Sanchez, Commercial Litigation Branch, Civil Division, U.S. Department of Justice; and Eric P. Delmar, U.S. Customs and Border Protection, Of Counsel, for Plaintiff United States.

Baker & McKenzie, LLP (William D. Outman, II, San Francisco, CA, Michael E. Murphy, Kevin J. Sullivan, Washington, DC), for Defendant Nitek Electronics, Inc.

MEMORANDUM & ORDER

BARZILAY, Senior Judge:

Plaintiff United States brings this action pursuant to section 592 of the Tariff Act of 1930, 19 U.S.C. § 1592, seeking recovery of lost duties (Count I), lost antidumping duties (Count II), and penalties based upon negligence (Count III). Compl. ¶¶ 33-39. Currently before the court is Defendant Nitek Electronics, Inc.'s ("Defendant" or "Nitek") motion to dismiss this action pursuant to...

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