UNITED TECHNOLOGIES CORP. v. U.S.

No. 02-1237.

315 F.3d 1320 (2003)

UNITED TECHNOLOGIES CORPORATION, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

January 7, 2003.


Attorney(s) appearing for the Case

Barry E. Cohen, Crowell & Moring, LLP, of Washington, DC, argued for plaintiff-appellant.

Saul Davis, Senior Trial Counsel, International Trade Field Office, Civil Division, Department of Justice, of New York, NY, argued for defendant-appellee. With him on the brief were Robert D. McCallum, Jr., Assistant Attorney General; David M. Cohen, Director, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC; and John J. Mahon, Acting Attorney in Charge, International Trade Field Office. Of counsel on the brief was Beth C. Brotman, Office of the Assistant Chief Counsel, International Trade Litigation, United States Customs Service, of New York, NY. Of counsel was Karen P. Binder, Attorney.

Before MAYER, Chief Judge, SCHALL and DYK, Circuit Judges.


MAYER, Chief Judge.

United Technologies Corporation appeals the judgment of the United States Court of International Trade affirming the Customs Service's denial of duty-free treatment for its importation of certain aircraft engine parts. United Techs. Corp. v. United States, No. 96-02-00635 (Ct. Int'l Trade Dec. 13, 2001). Because neither the tariff schedule nor the Agreement on Trade in Civil Aircraft and its implementing legislation require duty-free treatment...

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