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FEDMET RESOURCES CORP. v. U.S.

Slip Op. 16-75, Court No. 14-00297.

180 F.Supp.3d 1324 (2016)

FEDMET RESOURCES CORPORATION, Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

August 1, 2016.

Attorney(s) appearing for the Case

Donald B. Cameron, Morris, Manning & Martin LLP, of Washington D.C., for plaintiff Fedmet Resources Corporation. With him on the brief were Brady W. Mills, Julie C. Mendoza, R. Will Planert, Sarah S. Sprinkle, and Mary S. Hodgins.

Melissa M. Devine, Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington D.C., for defendant United States. With her on the brief were Amy M. Rubin, Assistant Director, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, Patricia M. McCarthy, Assistant Director, Jeanne E. Davidson, Director, and Benjamin C. Mizer, Principal Deputy Assistant Attorney General. Of counsel on the brief was Paula S. Smith, Senior Attorney, Office of the Assistant Chief Counsel, International Trade Litigation, U.S. Customs and Border Protection.

OPINION

Plaintiff Fedmet Resources Corporation ("Fedmet"), a U.S. importer, challenges an internal directive of U.S. Customs and Border Protection ("Customs" or "CBP") that targeted only Fedmet. Designated by Customs as a "user defined rule," or "UDR," the directive instructed Customs port directors...

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