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BAXTER HEALTHCARE CORP. OF PUERTO RICO v. U.S.

Slip Op. 98-16. Court No. 95-05-00637.

998 F.Supp. 1133 (1998)

BAXTER HEALTHCARE CORPORATION OF PUERTO RICO, Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

February 24, 1998.

Attorney(s) appearing for the Case

Katten Muchin & Zavis (Mark S. Zolno, Michael E. Roll), New York City, for Plaintiff.

Frank W. Hunger, Asst. U.S. Atty. General of U.S.; Joseph I. Liebman, Attorney-in-Charge, International Trade Office, Commercial Litigation Branch, Civil Division, U.S. Dept. of Justice (Barbara Silver Williams), Sheryl A. French, Office of Asst. Chief Counsel, U.S. Customs Service, for Defendant.

OPINION

CARMAN, Chief Judge.

This case is before this Court on cross-motions for summary judgment pursuant to U.S. CIT R. 56. Plaintiff, Baxter Healthcare Corporation of Puerto Rico ("Baxter"), challenges the United States Customs Service's ("Customs") classification of the merchandise at issue under subheading 5404.10.8080 of the Harmonized Tariff Schedule of the United States ("HTSUS")1, at a duty rate of 7.8% ad valorem...

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