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MITA COPYSTAR AMERICA v. U.S.

No. 93-1466.

21 F.3d 1079 (1994)

MITA COPYSTAR AMERICA, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

April 11, 1994.

Attorney(s) appearing for the Case

Steven P. Florsheim, Grunfeld, Desiderio, Libowitz & Silverman, New York City, argued for plaintiff-appellant.

John M. Peterson and Peter J. Allen, Neville, Peterson & Williams, New York City, were on the brief for amicus curiae, Xerox Corp.

Barbara M. Epstein, Commercial Litigation Branch, Dept. of Justice, New York City, argued for defendant-appellee. With her on the brief were Frank W. Hunger, Asst. Atty. Gen., David M. Cohen, Director and Joseph I. Liebman, Atty. in Charge, Intern. Trade Field Office. Also on the brief was Stephen Berke, Office of the Asst. Chief Counsel, Intern. Trade Litigation, U.S. Customs Service, of counsel.

Before MICHEL, CLEVENGER and SCHALL, Circuit Judges.

MICHEL, Circuit Judge.

Mita Copystar America (Mita) appeals the May 20, 1993 decision of the United States Court of International Trade, No. 90-05-00260, slip op. 93-76, 1993 WL 179285, granting the government's motion for summary judgment and denying Mita's cross-motion for summary judgment. The court held that the United States Customs Service (Customs) properly classified Mita's toners and developers as "Chemical preparations" under the Harmonized Tariff Schedule...

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