HEWLETT-PACKARD CO. v. U.S.

No. 98-1537.

189 F.3d 1346 (1999)

HEWLETT-PACKARD COMPANY, Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

August 25, 1999.


Attorney(s) appearing for the Case

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

Bruce N. Stratvert, Attorney, Civil Division, Commercial Litigation Branch, International Trade Field Office, Department of Justice, New York, New York, argued for defendant-appellant. With him on the brief were David W. Ogden, Acting Assistant Attorney General, and David M. Cohen, Director, Civil Division, Commercial Litigation Branch, Department of Justice, Washington, DC; and Joseph I. Liebman, Attorney in Charge, International Trade Field Office. Of counsel on the brief was Sheryl A. French, Attorney, Office of Assistant Chief Counsel, International Trade Litigation, U.S. Customs Service, New York, New York.

Before MICHEL, PLAGER, and RADER, Circuit Judges.


RADER, Circuit Judge.

The United States Court of International Trade ordered the United States Customs Service to reclassify certain small-format, desktop pen plotters imported by the Hewlett-Packard Company (HP) as other automatic data processing machine printer units under subheading 8471.92.65 of the Harmonized Tariff Schedule of the United States (HTSUS).1 For the reasons set forth below, this court affirms.

I.

At...

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