National Bonded Warehouse, Ass'n, Inc. v. United States

OPINION ON REHEARING

RESTANI, Judge:

Plaintiffs have filed a motion for rehearing pursuant to rule 59(e) of the Rules of the Court of International Trade, asking this court to reconsider its December 23, 1987 decision granting defendant’s motion to dismiss for lack of jurisdiction under 28 U.S.C. § 1581 (1982 & Supp. IV 1986). This court granted plaintiff's motion and following rehearing reverses its earlier decision for reasons discussed herein.

DISCUSSION

In its opinion of December 23, 1987, this court originally held that the term “all charges or exactions,” as set forth in 19 U.S.C. §…