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FUJITSU COMPOUND SEMICONDUCTOR, INC. v. U.S.

No. 03-1293.

363 F.3d 1230 (2004)

FUJITSU COMPOUND SEMICONDUCTOR, INC., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

DECIDED: March 26, 2004.

Attorney(s) appearing for the Case

Michael K. Tomenga, Neville, Peterson LLP, of Washington, DC, argued for plaintiff-appellant. With him on the brief was George W. Thompson.

Barbara S. Williams, 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 Peter D. Keisler, Assistant Attorney General and David M. Cohen, Director, of Washington, DC; and John J. Mahon, Acting Attorney in Charge, International Trade Field Office, of New York, NY.

Before NEWMAN, RADER, and SCHALL, Circuit Judges.

PAULINE NEWMAN, Circuit Judge.

The Court of International Trade affirmed the denial by the United States Customs Service of the request by Fujitsu Compound Semiconductor, Inc. for reliquidation of certain importations by Fujitsu of laser diode modules.1 In Customs Headquarters Ruling Letters No. HQ 088724 and HQ 088754 of June 2, 1992, the Customs Service granted a protest filed by Toshiba, and reclassified Toshiba's laser diode modules...

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