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NEC ELECTRONICS, INC. v. U.S.

No. 97-1403.

144 F.3d 788 (1998)

NEC ELECTRONICS, INC., Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

May 19, 1998.

Attorney(s) appearing for the Case

Bruce N. Stratvert, Attorney, Commercial Litigation Branch, Civil Division, International Trade Field Office, U.S. Department of Justice, of New York City, argued for defendant-appellee. With him on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, of Washington, DC; and Joseph I. Liebman, Attorney-In-Charge, International Trade Field Office. Of counsel was Chi S. Choy, Attorney, Office of Assistant Chief Counsel, International Trade Litigation, United States Customs Service, of New York City.

Robert Scott Whiteley, Horton, Whiteley & Cooper, Oakland, CA, argued,for plaintiff-appellant. With him on the brief was Craig A. Mitchell, Horton, Whiteley & Cooper, of Newport Beach, CA.

Before MICHEL, PLAGER, and BRYSON, Circuit Judges.

MICHEL, Circuit Judge.

NEC Electronics, Inc. ("NEC") appeals the judgment of the United States Court of International Trade affirming the classification of certain laser diodes and laser diode modules (together, the "laser diodes") by the United States Customs Service ("Customs") under subheading 8541.40.20 of the Harmonized Tariff Schedule of the United States (the "HTSUS"). NEC Elecs., Inc. v. United States, No. 93-04-00201, slip op. 97-38, 1997 WL 155400...

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