BP Oil Supply Co. v. United States, (2011)

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BP Oil Supply Co. v. United States, (2011)

Slip Op. 11-116

UNITED STATES COURT OF INTERNATIONAL TRADE____________________________________:

BP OIL SUPPLY COMPANY,::

Plaintiff,::v.:

Before: R. Kenton Musgrave, Senior Judge:

Court No. 04-00321

UNITED STATES,::

Defendant.:____________________________________:OPINION[Denying cross-motions for summary judgment on claims for “substitution unused merchandisedrawback” of certain customs duties, taxes and fees paid on importations of crude petroleum.]

Decided: September 16, 2011

Galvin & Mlawski (John Joseph Galvin), for the plaintiff.Tony West, Assistant Attorney General; Barbara S. Williams, Attorney-In-Charge,International Trade Field Office, Commercial Litigation Branch, Civil Division, U.S. Departmentof Justice (Marcella Powell), Office of the Assistant Chief Counsel, International Trade Litigation,U.S. Customs and Border Protection (Beth Brotman), of counsel, for the defendant.

Musgrave, Senior Judge: As previously observed, see slip opinion 10-92, 34 CIT ___(Aug. 13, 2010), the parties since joinder have pursued settlement negotiations that have provenunfortunately elusive. They now seek resolution via cross-motions for summary judgment. Basedupon the papers, affidavits and exhibits submitted, both motions must be denied.Background

This action contests denial of customs protest numbers 5301-03-100333 and15301-04-100162. These cover 27 claims for “subs...

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