Legal Opinion

Cherry Lane Fashion Group, Inc. v. United States

United States Court of International Trade

Decided April 6, 1989No. 88-08-00668PublishedCited by 7 opinions

1Opinion of the Court

DiCARLO, Judge:

The Cherry Lane Fashion Group, Inc. (the “importer”) filed a summons and complaint to contest an alleged deemed denial of an accelerated protest filed pursuant to 19 C.F.R. § 174.21(b) (1988) against a detention of women’s wearing apparel to investigate a possible quota exclusion. Two days after the civil action was filed, the United States Customs Service (Customs) released the imported merchandise. Defendant now moves pursuant to Rule 12(b) of the Rules of this Court to dismiss the importer’s action for lack of subject matter jurisdiction and for failure to state a claim upon…

2Cases cited22 opinions

  1. McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936
  2. Califano v. SandersSupreme Court of the United States · 1977
  3. Powell v. McCormackSupreme Court of the United States · 1969
  4. Christianson v. Colt Industries Operating Corp.Supreme Court of the United States · 1988
  5. Brower Ex Rel. Estate of Caldwell v. County of InyoSupreme Court of the United States · 1989

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3Cited by7 opinions

  1. Autoalliance International, Inc. v. United StatesUnited States Court of International Trade · 2005
  2. Hitachi Home Electronics (America), Inc. v. United StatesUnited States Court of International Trade · 2010
  3. Friedman v. KantorUnited States Court of International Trade · 1997
  4. Atmel Corp. v. United StatesUnited States Court of International Trade · 1989
  5. China Diesel Imports, Inc. v. United StatesUnited States Court of International Trade · 1993

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