FUJITSU AMERICA, INC. v. U.S.

No. 05-1031.

422 F.3d 1364 (2005)

FUJITSU AMERICA, INC. and Fujitsu it Holdings, Inc. (now Fujitsu Computer Systems Corporation), Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

September 8, 2005.


Attorney(s) appearing for the Case

Lawrence J. Bogard, Neville Peterson LLP, of Washington, DC, argued for plaintiff-appellant. With him on the brief were Michael K. Tomenga and Catherine Chess Chen.

Saul Davis, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of New York, New York, argued for defendant-appellee. With him on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, of Washington, DC, and Barbara S. Williams, Attorney in Charge, International Trade Field Office, of New York, New York. Of counsel on the brief was Chi S. Choy, Attorney, Office of the Assistant Chief Counsel, International Trade Litigation, United States Customs and Border Protection.

Before MICHEL, Chief Judge, SCHALL, and LINN, Circuit Judges.


MICHEL, Chief Judge.

Fujitsu America, Inc. and Fujitsu IT Holdings, Inc. (collectively "Fujitsu") appeal the judgment of the U.S. Court of International Trade affirming the classification of Fujitsu's Coolant Distribution Unit ("CDU") by the U.S. Bureau of Customs and Border Protection ("Customs").1 Fujitsu Am., Inc. v. United States, 342 F.Supp.2d 1326 (Ct. Int'l Trade 2004) (summary judgment...

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