Shinyei Corp. v. United States, (2003)

Extract

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Shinyei Corp. v. United States, (2003)

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: SHINYEI CORPORATION OF AMERICA, :

:

Plaintiff, : :

v. : Court No. 01-00759 :

UNITED STATES, et. al., : :

Defendant. : ___________________________________:

Defendant, the United States ("Defendant"), moves to dismiss this action pursuant to USCIT R. 12(b)(1) for lack of subject matter jurisdiction and USCIT R. 12(b)(5) for failure to state a claim on which relief can be granted. For the reasons stated herein, Defendant's motion to dismiss is granted under USCIT R. 12(b)(1) for lack of subject matter jurisdiction.

Held: Defendant's motion to dismiss pursuant to USCIT R. 12(b)(1) is granted. This case is dismissed.

Dated: February 14, 2003

Charles H. Bayar, Esq. for Shinyei Corporation of America, plaintiff.

Robert D. McCallum, Jr., Assistant Attorney General; John J. Mahon, Acting Attorney in Charge, International Trade Field Office, Commercial Litigation Branch, Civil Division, United States Department of Justice (James A. Curley); of counsel: Edward N. Maurer, Office of Assistant Chief Counsel, United States Customs Service, for the United States, defendant.

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OPINION TSOUCALAS, Senior Judge: Defendant, the United States ("Defendant"), moves to dismiss this action pursuant to USCIT R. 12(b)(1) for lack of subject matter jurisdiction and USCIT R. 12(b)(5) for failure to state a claim on which relief can be granted. For the reasons stated herein, Defendant's motion to dismiss is granted under USCIT R. 12(b)(1) for lack of subject matter jurisdiction.

DISCUSSION I. Background A. Procedural Background

Plaintiff Shinyei Corporation of America ("Shinyei"), a New York corporation wholly owned by Shinyei USA Corp., a Delaware corporation which in turn is wholly owned by Shinyei Kaisha Compan...

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