Legal Opinion
Milin Industries, Inc. v. United States
United States Court of International Trade
Decided July 21, 1988No. Court 87-10-01053PublishedCited by 9 opinions
1Opinion of the Court
DiCARLO, Judge:
The United States (defendant) moves pursuant to Rule 12(b) of the Rules of this Court to dismiss for lack of jurisdiction and because the complaint fails to state a claim upon which the Court may grant relief. Defendant’s motion to dismiss requires the Court to characterize an act of the United States Customs Service (Customs) in not allowing merchandise from Pakistan invoiced as “rags” into the commerce of the United States. If Customs’ action was an “exclusion,” as the importer claims, jurisdiction would lie with this Court under 28 U.S.C. § 1581(a) (1982) because Customs…
2Cases cited5 opinions
- K Mart Corp. v. Cartier, Inc.Supreme Court of the United States · 1988
- K Mart Corp. v. Cartier, Inc.Supreme Court of the United States · 1988
- R.J.F. Fabrics, Inc. v. United StatesUnited States Court of International Trade · 1986
- International Maven, Inc. v. McCauleyUnited States Court of International Trade · 1988
- Dennison Manufacturing Co. v. United States, Department of the TreasuryUnited States Court of International Trade · 1988
3Cited by9 opinions
- Stuhlbarg International Sales Company, Inc., a California Corporation, D/B/A Sisco v. John D. Brush and Company, Inc., a New York CorporationCourt of Appeals for the Ninth Circuit · 2001
- H & H Wholesale Services, Inc. v. United StatesUnited States Court of International Trade · 2006
- Ancient Coin Collectors Guild v. U.S. Customs & Border ProtectionDistrict Court, D. Maryland · 2011
- CDCOM (U.S.A.) International, Inc. v. United StatesUnited States Court of International Trade · 1997
- Cherry Lane Fashion Group, Inc. v. United StatesUnited States Court of International Trade · 1989
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