MITA COPYSTAR AMERICA, INC. v. U.S.

Slip Op. 97-73. Court No. 93-03-00159.

966 F.Supp. 1245 (1997)

MITA COPYSTAR AMERICA, INC., Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

June 4, 1997.


Attorney(s) appearing for the Case

Grunfeld, Desiderio, Lebowitz & Silverman, L.L.P., New York City (Steven P. Florsheim), for plaintiff.

Frank W. Hunger, Assistant Attorney General, Washington, DC; Joseph I. Liebman, Attorney-in-Charge, International Trade Field Office, Commercial Litigation Branch, Civil Division, United States Department of Justice (Barbara M. Epstein); Office of the Assistant Chief Counsel, International Trade Litigation, United States Customs Service (Beth C. Brotman), New York City, of counsel, for defendant.

Neville, Peterson & Williams, New York City (John M. Peterson and George W. Thompson), for Amici Curiae Katun Corporation and Xerox Corporation.


OPINION

GOLDBERG, Judge.

This matter is before the Court on cross-motions for summary judgment. It involves the proper tariff classification of toner cartridges imported at various times between 1990 and 1992 for use in Mita electrostatic photocopy machines. The subject toner cartridges are made of plastic and cardboard in various shapes and sizes. The toner cartridges do not contain any electrical contacts or moving parts, and are generally simple...

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