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NETCHEM, INC. v. U.S.

Slip Op. 14-16. Court No. 12-00123.

961 F.Supp.2d 1336 (2014)

NETCHEM, INC., Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

February 14, 2014.

Attorney(s) appearing for the Case

Charles A. Zdebski, Eckert Seamans Cherin & Mellott, LLC, of Washington, DC, for plaintiff. With him on the brief was Candace Lynn Bell.

Saul Davis, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of New York, NY, for defendant. With him on the brief were Stuart F. Delery, Assistant Attorney General, and Amy M. Rubin, Acting Assistant Director, International Trade Field Office.

OPINION

GOLDBERG, Senior Judge:

This suit challenges Customs and Border Protection's decision to apply a 3.7% ad valorem tariff rate to plaintiff Netchem, Inc.'s lanthanum oxide imports. In its complaint, Netchem invoked the court's jurisdiction under 28 U.S.C. § 1581(a) (2006). Defendant the United States (the "Government") now moves to dismiss the lawsuit for lack of jurisdiction under...

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