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CARBON ACTIVATED CORP. v. U.S.

Slip Op. 14-103. Court No. 13-00366.

6 F.Supp.3d 1378 (2014)

CARBON ACTIVATED CORP., Plaintiff, v. UNITED STATES and U.S. Customs and Border Protection, Defendant.

United States Court of International Trade.

September 8, 2014.

Attorney(s) appearing for the Case

Nancy A. Noonan, Arent Fox LLP, of Washington, DC, for plaintiff.

Antonia R. Soares, Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, DC, for defendant. With her on the brief were Stuart F. Delery, Assistant Attorney General, Jeanne E. Davidson, Director, and Claudia Burke, Assistant Director. Of Counsel on the brief was Edward N. Maurer, Deputy Assistant Chief Counsel, U.S. Customs & Border Protection, of New York, NY.

OPINION & ORDER

CARMAN, Judge:

Before the Court is the Motion to Dismiss ("MTD") of Defendant United States and U.S. Customs and Border Protection ("Defendant" or "Customs") for lack of subject matter jurisdiction pursuant to USCIT Rule 12(b)(1), or, in the alternative, for failure to state a claim upon which relief may be granted pursuant to USCIT Rule 12(b)(5). ECF No. 13. For the reasons set forth below, the Court grants Defendant's motion...

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