Carl v. United States Secretary of Agriculture

MEMORANDUM and ORDER

GORDON, Judge:

Plaintiff commenced this action on July 18, 2011, to contest the United States Department of Agriculture’s (“USDA”) denial of Plaintiffs application for Fiscal Year 2010 benefits under the Trade Adjustment Assistance (“TAA”) for Farmers Program, Section 296 of the Trade Act of 1974, as amended, 19 U.S.C. § 2401e (2006). 1 Jurisdiction is predicated on 28 U.S.C. § 1581(d)(4) (2006). Defendant moves to dismiss pursuant to USCIT Rule 12(b)(1) for lack of subject matter jurisdiction, contending that Plaintiff failed to timely commence its action “within sixty…