ABB, INC. v. U.S.

No. 05-1003.

421 F.3d 1274 (2005)

ABB, INC., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

August 16, 2005.


Attorney(s) appearing for the Case

Jerry P. Wiskin, Simons & Wiskin, of South Amboy, New Jersey, argued for plaintiff-appellant. On the brief was Philip Yale Simons.

Mikki Graves Walser, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of New York, New York. With her on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, Commercial Litigation Branch, Civil Division, of Washington, DC; and, Barbara S. Williams, Attorney in Charge, International Trade Field Office, of New York, New York. Of counsel was Michael Heydrich, Attorney, Office of Assistant Chief Counsel, United States Customs and Border Protection.

Before LOURIE, SCHALL, and BRYSON, Circuit Judges.


LOURIE, Circuit Judge.

ABB, Inc. ("ABB") appeals from the decision of the United States Court of International Trade sustaining the classification by the Bureau of Customs and Border Protection ("Customs") of certain imported underwater cables under the Harmonized Tariff Schedule of the United States ("HTSUS"), codified at 19 U.S.C. § 1202. ABB, Inc. v. United States, 346 F.Supp.2d 1357 (Ct. Int'l Trade 2004) ...

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