International Custom Products, Inc. v. United States

Opinion & Order

CARMAN, Judge:

The matter before this Court is a Motion to Dismiss Plaintiffs Complaint filed by Defendant United States (“Defendant” or “the government”). The government moves to dismiss Counts 1-8 pursuant to USCIT Rule 12(b)(1) for lack of subject matter jurisdiction; and to dismiss Count 8 (in the alternative) and Count 9 pursuant to USCIT Rule 12(b)(5) for failure to state a claim upon which relief can be granted. For the reasons set forth below, the Court grants Defendant’s motion.

Background

International Custom Products (“ICP” or “Plaintiff’) seeks relief from an action…