TOMOEGAWA U.S.A., INC. v. U.S.

Appeal No. 88-1354.

861 F.2d 1275 (1988)

TOMOEGAWA U.S.A., INC., Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

December 2, 1988.


Attorney(s) appearing for the Case

Steven P. Florsheim, Grunfeld, Desiderio, Lebowitz & Silverman, New York City, argued for plaintiff-appellant. With him on the brief was Robert B. Silverman.

Michael T. Ambrosino, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for defendant-appellee. With him on the brief were John R. Bolton, Asst. Atty. Gen., David M. Cohen, Director and Joseph I. Liebman, Attorney in Charge, International Trade Field Office.

Before MARKEY, Chief Judge, and NEWMAN and MAYER, Circuit Judges.


PER CURIAM.

The judgment of the Court of International Trade, 681 F.Supp. 867 (1988), is affirmed on the basis of the court's opinion which we adopt, except insofar as it contemplates Dry Imaging Ink CP-7 and Toner for APECO 620. As to those articles, the judgment is vacated and the case remanded for further proceedings to determine the derivation and applicable duty. Costs to the government.

AFFIRMED IN PART, VACATED...

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