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CORNING GILBERT INC. v. U.S.

Slip Op. 13-15. Court No. 11-00511.

896 F.Supp.2d 1281 (2013)

CORNING GILBERT INC., Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

February 1, 2013.

Attorney(s) appearing for the Case

Joseph P. Lavelle and Andrew N. Stein, DLA Piper US LLP, of Washington, DC, for Plaintiff Corning Gilbert Inc. Also with them of the brief was Ralph L. Sheppard, Meeks, Sheppard, Leo & Pillsbury LLP, of Fairfield, CT.

Amy M. Rubin, Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of New York, NY, for Defendant United States. With her on the brief were Karen V. Goff and Marcella Powell, Trial Attorneys. Also with them on the brief were Stuart F. Delery, Acting Assistant Attorney General, Barbara S. Williams, Attorney in Charge. Of counsel were Beth C. Brotman and Michael Heydrich, Office of Assistant Chief Counsel, International Trade Litigation, U.S. Customs and Border Protection, of New York, NY.

OPINION

GORDON, Judge:

This action arises from a decision by U.S. Customs and Border Protection ("Customs") to exclude certain of Plaintiff's merchandise from entry into the commerce of the United States. Customs refused entry to Plaintiff's merchandise based on a General Exclusion Order (the "650 GEO") issued by the U.S. International Trade Commission ("ITC") in Investigation No. 337-TA-650 (the "650 Investigation"). The 650 GEO prohibits unlicensed entry...

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