US Moves To Toss Xerox Suit Over Nu-Kote Products

Law360, New York (January 15, 2010, 4:57 PM EST) -- The U.S. government is seeking dismissal of Xerox Corp.'s challenge to the U.S. Customs and Border Protection's determination that toner cartridges made by Nu-Kote International Inc. are not products of the United States.

The government said in a motion to dismiss filed Thursday that the U.S. Court of International Trade did not have jurisdiction because, under U.S.C. § 1581(e), it is supposed to review determinations about whether a product is from a designated foreign country, which is not the question at hand.

Customs' August 2007 ruling...
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