MBR Indus., Inc. v. United States

2000 CIT 127

Opinion

Slip Op. 00-127

JUDGME$HT

UNITED STATES COURT OF INTERNATIONAL TRADE

JANE A. RESTANI, JUDGE

MBR INDUSTRIES, INC. Plaintiff, § Court No. 99-05-OO26O v. : THE UI\(IITED S'I`ATES,

Defendant.

This action is dismissed without prejudice to reinstatement, as plaintiff has not demonstrated that it has suffered any redressable harm from the suspension of past drawback privileges, to wit: exporter's summary procedure, accelerated payments and waiver of prior notice of intent to export.

Prior to seeking any reinstatement plaintiff must meet with defendant to discuss settlement. If this matter is not settled plaintiff shall include with its motion for reinstatement a short and concise statement as to why it cannot regain its privileges as to the future by filing a new application and why it seeks

retroactive restoration of its privileges. If monetary loss is

Court No. 93-09-0O646 Page 2

an issue, it shall list the drawback claims or entries at issue and the amounts sought to be recovered. On the face of the filings to date no justiciable case or controversy has been

demonstrated.

Ju§ge of the United States Court of International Trade

Dated: New York, New York

This 10“ day of October, 2000.