INTERNATIONAL BUSINESS MACHINES CORP. v. U.S.

No. 97-1549.

152 F.3d 1332 (1998)

INTERNATIONAL BUSINESS MACHINES CORPORATION, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

July 24, 1998.


Attorney(s) appearing for the Case

William D. Outman, II, Baker & McKenzie, Washington, DC, argued for plaintiff-appellant. With him on the brief were Teresa A. Gleason, and Michael E. Murphy.

John J. Mahon, Attorney, Civil Division, Commercial Litigation Branch, International Trade Field Office, U.S. Department of Justice, New York City, argued for defendant-appellee. With him on the brief were Frank W. Hunger, Assistant Attorney General and David M. Cohen, Director, U.S. Department of Justice, Washington, DC, and Joseph I. Liebman, Attorney-in-Charge, International Trade Field Office. Of counsel was Mark G. Nackman, Attorney, Office of Assistant Chief Counsel, U.S. Customs Service, New York City.

Before LOURIE, Circuit Judge, ARCHER, Senior Circuit Judge, and RADER, Circuit Judge.


RADER, Circuit Judge.

On summary judgment, the United States Court of International Trade upheld the United States Customs Service's (Customs') classification of certain disk drives and controllers imported by International Business Machines Corporation (IBM). See IBM v. United States, 968 F.Supp. 736 (C.I.T.1997). Because Customs incorrectly classified the merchandise as "[o...

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