Alberta Gas Chemicals, Inc. v. United States

Newman, Judge:

INTRODUCTION

Plaintiff, an importer of methyl alcohol from Canada, contests the exclusion of its merchandise from entry by the Regional Commissioner of Customs at the Port of New York. Presently before me are defendant’s motion for dismissal on the grounds that the court lacks jurisdiction of the subject matter and the action fails to present any justiciable issue; and alternatively, defendant’s motion for summary judgment with respect to the merits of the complaint.

I have concluded that defendant’s motions must be denied.

THE FACTS

The facts pertinent to the instant motions are…