JCM, Ltd. v. United States

MEMORANDUM AND ORDER

I. Introduction

Barzilay, Judge:

The present controversy is before the Court pursuant to Defendant’s Motion to Dismiss for Lack of Jurisdiction brought under USCIT R. 12(b)(1). Plaintiff, by way of summons and complaint, initiated this action to recover antidumping duties collected by the United States Customs Service for the period between May 18, 1996 through July 24, 1996. Plaintiffs claim rests on this Court’s decision in F.lli DeCecco di Filippo Fara San Martino S.p.A. v United States, Slip Op. 97-143 (1997) holding that the Department of Commerce’s failure to terminate…