MITA COPYSTAR AMERICA v. U.S.

No. 98-1203.

160 F.3d 710 (1998)

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

United States Court of Appeals, Federal Circuit.

November 6, 1998.


Attorney(s) appearing for the Case

Steven P. Florsheim, Grunfeld, Desiderio, Lebowitz & Silverman LLP, of New York, NY, argued for plaintiff-appellant.

Barbara M. Epstein, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, International Trade Field Office, of New York, NY, argued for defendant-appellee. With her on the brief were Frank W. Hunger, Assistant Attorney General, and David M. Cohen, Director, of Washington, DC; and Joseph I. Liebman, Attorney-in-Charge, International Trade Field Office, of New York, NY. Of counsel on the brief was Beth Brotman, Office of Assistant Chief Counsel, International Trade Litigation, U.S. Customs Service, of New York, New York.

John M. Peterson, Neville, Peterson & Williams, of Washington, DC, for amici curiae. With him on the brief was George W. Thompson.

Before MICHEL, PLAGER, and BRYSON, Circuit Judges.


BRYSON, Circuit Judge.

This customs classification case involves imported toner cartridges that are shaped to fit into specific electrostatic photocopiers. Between 1990 and 1992, the Customs Service classified the cartridges under subheading 3707.90.30 of the Harmonized Tariff Schedule of the United States (HTSUS). That subheading is termed "chemical preparations for photographic uses," and at the time it carried a duty of 8.5% ad valorem. Appellant Mita Copystar...

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