Mohawk Recreation Products, Inc. v. United States

Newman, Judge:

Pursuant to rules 4.7(b)(1) and 4.12, defendant has moved to dismiss this civil action on the ground that plaintiff had no standing to file protest No. 0712-3-000550 under 19 U.S.C. § 1514 (1970), and therefore the court lacks jurisdiction under 28 U.S.C. § 1582 (1970). In opposition to defendant’s motion, plaintiff has submitted a memorandum of law and two supporting affidavits.

I have concluded that plaintiff had the statutory right to file a protest. Accordingly, this court has jurisdiction and defendant’s motion to dismiss is denied.

The pertinent statutory provisions read:

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