Legal Opinion

Heartland By-Products, Inc. v. United States

United States Court of International Trade

Decided February 26, 2002No. Slip Op. 02-22; Court 99-09-00590PublishedCited by 10 opinions

1Opinion of the Court

OPINION

BARZILAY, Judge.

I. INTRODUCTION

This case is one of first impression for two important issues. First, the court is asked to determine the scope of its jurisdiction under 28 U.S.C. § 1581(h)(1994), review of pre-importation rulings. Second, the court is asked to interpret the application of the 60 day grace period provided by 19 U.S.C. § 1625(c)(1999) to an importer when a ruling by the United States Customs Service (“Customs”) changes the tariff treatment of imported merchandise.

The court has before it a motion for Entry of Judgment on behalf of Heartland By-Products, Inc.…

2Cases cited34 opinions

  1. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  2. Marbury v. MadisonSupreme Court of the United States · 1803
  3. United States v. NixonSupreme Court of the United States · 1974
  4. Aetna Life Insurance v. HaworthSupreme Court of the United States · 1937
  5. Commissioner v. SunnenSupreme Court of the United States · 1948

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3Cited by10 opinions

  1. George Washington University v. District of Columbia Board of Zoning AdjustmentDistrict of Columbia Court of Appeals · 2003
  2. Heartland By-Products, Inc. v. United States, No. C4-1515Court of Appeals for the Federal Circuit · 2005
  3. Heartland By-Products, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 2009
  4. Otter Products, LLC v. United StatesUnited States Court of International Trade · 2014
  5. One World Technologies, Inc. v. United StatesUnited States Court of International Trade · 2018

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