Gray Market Importer's Case Against Duracell Lever-Rule Protections Again Survives Dismissal Motion
The Court of International Trade on Sept. 15 denied another bid to dismiss a lawsuit brought by a gray market importer challenging Lever-Rule protections recently granted to Duracell Batteries (see 1701270015). This time calling the importer by its real name, Milecrest Corporation, after recently finding the company was not allowed to use the pseudonym XYZ Corporation (see 1709130007), CIT again ruled that Lever-Rule determinations to restrict imports of gray market goods may be considered customs rulings challengeable at the trade court. Duracell, which has intervened in the case on the side of the government and filed the motion to dismiss, did not raise any new issues “that would invalidate the court’s previous opinion regarding jurisdiction” issued in July in response to the government’s earlier motion (see 1707240031), CIT said.
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(Milecrest Corp. v. U.S., Slip Op. 17-125, CIT # 17-00125, dated 09/15/17, Judge Choe-Groves)
(Attorneys: John Peterson of Neville Peterson for plaintiff Milecrest Corporation; Alexander Vanderweide for defendant U.S. government; Frances Hadfield of Crowell & Moring for defendant-intervenor Duracell U.S. Operations, Inc.)