C.H. Robinson International v. United States

OPINION

DAMICH, Chief Judge.

This matter is before the Court on Defendant’s Motion to Dismiss for lack of jurisdiction under Rule 12(b)(1) of the Rules of-the Court of Federal Claims (“RCFC”) and for failure to state a claim upon which relief can be granted under RCFC 12(b)(6). For the reasons discussed below, the Court DENIES the motion.

I. Introduction

C.H. Robinson International (“C.H. Robinson” or “Plaintiff’) brought this action on June 17, 2004, seeking refund of $57,212 which it paid to the government as mitigated liquidated damages for allegedly violating Customs regulation 19 C.F.R. §…