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ENERGIZER BATTERY, INC. v. U.S.

Slip Op. 16-116. Court No. 13-00215.

190 F.Supp.3d 1308 (2016)

ENERGIZER BATTERY, INC., Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

December 7, 2016.

Attorney(s) appearing for the Case

M. Jason Cunningham, Sonnenberg & Cunningham, Ltd., of Naples, FL for Plaintiff. Of counsel on the brief was Steven P. Sonnenberg, Sonnenberg & Cunningham, Ltd., of Chicago, IL.

Jason M. Kenner, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of New York, NY, for Defendant. With him on the brief were Benjamin C. Mizer, Principal Deputy Assistant Attorney General, Jeanne E. Davidson, Director, Amy M. Rubin, Assistant Director. Of counsel on the brief was Chi S. Choy, Office of the Assistant Chief Counsel, International Trade Litigation, U.S. Customs and Border Protection of New York, NY.

OPINION

Plaintiff, Energizer Battery, Inc. ("Energizer"), challenges the final determination issued by U.S. Customs and Border Protection ("CBP" or "Customs") on April 29, 2013 ("Final Determination") concerning the country of origin of a second generation military flashlight produced by Energizer ("Generation II flashlight...

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