United States v. Optrex America, Inc.

MEMORANDUM OPINION AND ORDER

BARZILAY, Judge:

In this 19 U.S.C. § 1592 penalty action based on a claim of negligence, discovery has been completed, and Defendant, Optrex America, Inc. (“Optrex”), moves pursuant to USCIT Rule 56 for partial summary judgment against Plaintiff, United States (specifically, the United States Bureau of Customs and Border Protection) (“Customs” or “government”). Arguing that there are no genuine issues of material fact, Optrex claims that it is entitled to a judgment as a matter of law on the issue of its exercise of reasonable care in classifying subject…