Legal Opinion

Sakar International, Inc. v. United States

United States Court of International Trade

Decided December 12, 2006No. Slip Op. 06-181; Court 06-00025PublishedCited by 1 opinion

1Opinion of the Court

OPINION

STANCEU, Judge.

Plaintiff Sakar International, Inc. (“Sakar”) challenges as unlawful an administrative decision issued on December 29, 2005 by the Bureau of Customs and Border Protection, United States Department of Homeland Security (“Customs”), assessing Sakar a mitigated penalty of $67,775 for the importation by Sakar of merchandise that Customs alleged to be counterfeit. Following a motion by defendant United States to dismiss for lack of subject matter jurisdiction and the failure to state a claim on which relief can be granted, plaintiff moved to amend its complaint, which it…

2Cases cited16 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Hishon v. King & SpaldingSupreme Court of the United States · 1984
  3. McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936
  4. Bennett v. SpearSupreme Court of the United States · 1997
  5. K. Kay Shearin v. The United StatesCourt of Appeals for the Federal Circuit · 1993

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3Cited by1 opinion

  1. Sakar International, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 2008

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