Maple Leaf Fish Co. v. United States

MEMORANDUM OPINION AND ORDER

CARMAN, Judge:

Defendant moves pursuant to Rules 12(b)(1) and 12(b)(5) of this court to dismiss this action arguing this court lacks jurisdiction to review the decisions of the President and the recommendation of the International Trade Commission (ITC) as set forth in the complaint and/or plaintiff has failed to state a claim upon which relief can be granted. Plaintiff asserts the court has jurisdiction pursuant to 28 U.S.C. § 1581(a) and (i)(2).

This action was commenced by plaintiff, an importer of frozen battered and breaded mushrooms. These mushrooms were…