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STARKEY LABORATORIES, INC. v. U.S.

Slip Op. 98-44. Court No. 91-02-00132.

6 F.Supp.2d 910 (1998)

STARKEY LABORATORIES, INC., Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

April 10, 1998.

Attorney(s) appearing for the Case

Coleman, Hull & van Vliet (Ronald J. Rasley), Minneapolis, MN, for Plaintiff.

Frank W. Hunger, Assistant Attorney General; Joseph I. Liebman, Attorney in Charge, International Trade Field Office, Commercial Litigation Branch, U.S. Department of Justice, Civil Division (Barbara Silver Williams); and Office of Assistant Chief Counsel, U.S. Customs Service (Chi S. Choy), of counsel, Washington, DC, for Defendant.

Opinion

AQUILINO, Judge.

In this action, which has been designated a test case within the meaning of CIT Rule 84(b), the plaintiff has interposed a motion for summary judgment, declaring that its predicate merchandise should have entered the United States free of duty as articles specially designed or adapted for the use or benefit of physically-handicapped persons within the meaning of item 870.67 of the Tariff Schedules of the United States ("TSUS...

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