North Dakota Wheat Commission v. United States

OPINION

BARZILAY, Judge.

In this case, the court is called upon to decide whether plaintiffs, the North Dakota Wheat Commission, U.S. Durum Growers Association, and Durum Growers Trade Action Committee (“plaintiffs”) have failed to establish jurisdiction in this court as defendant, the United States International Trade Commission (“Commission”), argues in its motion to dismiss. Specifically, the government argues that the North Dakota Wheat Commission commenced the present action 1 during a time expressly prohibited by section 516a(a)(5) of the Tariff Act of 1930 (19 U.S.C. § 1516a(a)(5)).

I.…