Legal Opinion
Padilla v. United States
United States Court of International Trade
Decided October 8, 2009No. Slip Op. 09-112; Court 09-00305PublishedCited by 3 opinions
1Opinion of the Court
Opinion
CARMAN, Judge.
This matter is before the Court on Defendant’s Motion to Dismiss for lack of subject matter jurisdiction pursuant to USCIT Rule 12(b)(1), and for failure to state a claim upon which relief can be granted, pursuant to USCIT Rule 12(b)(5). For the reasons set forth below, Defendant’s motion is granted.
Background
Plaintiff is a licensed customs broker operating in San Juan, Puerto Rico. (Complaint (“Compl.”) ¶ 2.) In October and November of 2004, Plaintiff was the importer of record for five entries of polyethylene retail carrier bags (“PRCBs”) manufactured by King Pac…
2Cases cited10 opinions
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- Gulfstream Aerospace Corp. v. Mayacamas Corp.Supreme Court of the United States · 1988
- Norsk Hydro Canada, Inc. v. United States, and U.S. Magnesium LLCCourt of Appeals for the Federal Circuit · 2006
- Shinyei Corporation of America v. United StatesCourt of Appeals for the Federal Circuit · 2004
- Mitsubishi Electronics America, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 1994
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3Cited by3 opinions
- Zojirushi America Corp. v. United StatesUnited States Court of International Trade · 2016
- Sunshine Int'l Trading, Inc. v. United StatesUnited States Court of International Trade · 2013
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