United States Federal Circuit

In a suit against the government challenging Customs' administrative decision assessing plaintiff a civil fine of $67,775 for its importation of PDA-related merchandise that Customs determined was counterfeit, judgment dismissing the claim for failure to state a claim is vacated and remanded for a dismissal for lack of jurisdiction where: 1) 28 U.S.C. section 1581(i)(4) as it relates to section 1581(i)(3) did not provide the Court of International Trade with jurisdiction over plaintiff's suit; and 2) none of the other statutory provisions cited by plaintiff supported jurisdiction.

Appellate Information

• Decided 02/19/2008
• Published 02/19/2008

Judges

• SCHALL, Circuit Judge., Before LOURIE, SCHALL, and GAJARSA, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• James C. Tuttle, Tuttle Law Offices, of New York, NY, argued for plaintiff-appellant.


• For Appellees:
  
• Domenique Kirchner, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee.   With her on the brief was Jeanne E. Davidson, Director.