International Mercantile Corp. v. United States

Newman, Judge:

Defendant has moved to dismiss the complaint filed in this action, which is captioned “New York Merchandise Co., Inc., Plaintiff, v. The United States, Defendant.”1 The basis of defendant’s motion is that New York Merchandise is not the plaintiff in this action, and hence was not authorized to file the complaint pursuant to rule 4.4. No opposition or other response to the motion has been filed on behalf of either New York Merchandise Co., Inc. or International Mercantile Corp., the importer of record who filed this appeal for reappraisement with the district director at the port…