Netchem, Inc. v. United States

OPINION

GOLDBERG, Senior Judge:

This suit challenges Customs and Border Protection’s decision to apply a 3.7% ad valorem tariff rate to plaintiff Netehem, Inc.’s lanthanum oxide imports. In its complaint, Netehem invoked the court’s jurisdiction under 28 U.S.C. § 1581(a) (2006). Defendant the United States (the “Government”) now moves to dismiss the lawsuit for lack of jurisdiction under US-CIT Rule 12(b)(1).

“Jurisdiction is ... the authority-conferred by Congress to decide a given type of case one way or the other.” Hagans v. Lavine, 415 U.S. 528, 538, 94 S.Ct. 1372, 39 L.Ed.2d 577 (1974).…