Gray Tool Co. v. United States

Bernard Newman, Judge:

Plaintiff has moved under Rule 3(d) of the Rules of the Court of International Trade1 to amend its summons to include a new claim. Defendant opposes the proposed amendment.

The pertinent facts may be briefly stated:

The summons filed by plaintiff encompasses one protest covering merchandise described as “tubing bonnets”. On the second page of the summons, plaintiff indicated that the contested administrative decision was the appraised value of the merchandise. There is no indication in the summons that plaintiff had protested Customs’ classification decision.2 Plaintiff…