Travenol Laboratories, Inc. v. United States

Opinion

Aquilino, Judge:

In this action, which has been designated a test case pursuant to CIT Rule 84, the plaintiff recites Marbury v. Madison, 5 U.S. (1 Cranch) 137, 177 (1803), that it is “emphatically the province and duty of the judicial department to say what the law is” but also takes the position that that has already occurred in a matter like this.

I

The origin of this case can be found in subtitle B of Title I of Public Law No. 97-446, 96 Stat. 2329, 2346, known as the Educational, Scientific, and Cultural Materials Importation Act of 1982 and which had as its purpose “enabl[ing] the…