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DEGUSSA CORP. v. U.S.

Slip Op 06-127. Court No. 98-05-01598.

452 F.Supp.2d 1310 (2006)

DEGUSSA CORPORATION, Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

August 18, 2006.

Attorney(s) appearing for the Case

Barnes, Richardson & Colburn, New York City, (Rufus E. Jarman and Kevin J. Sullivan) for the plaintiff.

Peter D. Keisler, Assistant Attorney General; Barbara S. Williams, Attorney in Charge, International Trade Field Office, Commercial Litigation Branch, Civil Division, U.S. Department of Justice (Bruce N. Stratvert); and Office of Assistant Chief Counsel, International Trade Litigation, U.S. Bureau of Customs and Border Protection (Chi S. Choy), of counsel, for the defendant.

Opinion

AQUILINO, Senior Judge.

This action, which has been designated a test case within the meaning of CIT Rule 84(b), causes the court to decide whether the Harmonized Tariff Schedule of the United States ("HTSUS") requires consideration of the surface chemistry of silicon dioxide in order to be classifiable as such under HTSUS heading 2811 ("Other inorganic acids and other inorganic compounds of nonmetals"), in particular, subheading 2811.22.50...

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