Legal Opinion
Melco Clothing Co., Inc. v. United States
United States Court of International Trade
Decided October 13, 1992No. Court 91-01-00058PublishedCited by 6 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
NEWMAN, Senior Judge.
INTRODUCTION
Defendant’s motion to sever and dismiss for lack of jurisdiction is granted since, at the time the action was commenced, plaintiff had not paid all liquidated duties as required by 28 U.S.C. § 2637(a). The provision in section 2637 with respect to the payment of all liquidated duties at the time the action is commenced is a strict requirement for invoking the jurisdiction of the Court of International Trade in an action brought under section 1581(a) to contest the denial of a protest. Plaintiff cannot cure the jurisdictional defect…
2Cases cited17 opinions
- Warth v. SeldinSupreme Court of the United States · 1975
- Finley v. United StatesSupreme Court of the United States · 1989
- Intrepid v. Mamie E. Pollock, District Director of Customs, and the United States of AmericaCourt of Appeals for the Federal Circuit · 1990
- Port Drum Company v. Walter Umphrey and Kurt B. ChaconCourt of Appeals for the Fifth Circuit · 1988
- Nec Corporation v. United StatesCourt of Appeals for the Federal Circuit · 1986
12 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Dazzle Mfg., Ltd. v. United StatesUnited States Court of International Trade · 1997
- Great American Insurance Company of New York v. United StatesUnited States Court of International Trade · 2010
- Atteberry v. United StatesUnited States Court of International Trade · 2007
- Atteberry v. United StatesUnited States Court of International Trade · 2003
- Earth Island Institute v. ChristopherUnited States Court of International Trade · 1995
1 more not listed; retrieve them via the Exa API.