China Diesel Imports, Inc. v. United States

Opinion

Restani, Judge:

This matter is before the court for resolution of defendant’s motion to dismiss for lack of subject matter jurisdiction.

Background

Plaintiffs merchandise was formally excluded from entry into the United States on April 14, 1992, after a request for redelivery was made by the United States Customs Service on November 15, 1991. On May 21, 1992, plaintiff filed a protest of the exclusion decision. Defendant failed to act on the protest within thirty days as required by 19 C.F.R. § 174.21(b) (1992). Plaintiff filed suit in this court on October 19, 1992 challenging the denial…