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MOTOROLA, INC. v. U.S.

Slip Op. 06-165. Court No. 01-00126.

462 F.Supp.2d 1367 (2006)

MOTOROLA, INC., Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

November 13, 2006.

Attorney(s) appearing for the Case

Pisani & Roll, (Michael E. Roll)(Mark S. Zolno, of counsel) for Motorola, Inc., Plaintiff.

Peter D. Keisler, Assistant Attorney General; Barbara S. Williams, Attorney-in-Charge, International Trade Field Office, Amy M. Rubin, Commercial Litigation Branch, Civil Division, United States Department of Justice; of counsel, Chi S. Choy, Office of the Assistant Chief Counsel, International Trade Litigation, United States Bureau of Customs and Border Protection, for the United States, Defendant.

OPINION

TSOUCALAS, Senior Judge.

This case is before the Court pursuant to a remand ordered by the United States Court of Appeals for the Federal Circuit ("CAFC") in Motorola, Inc. v. United States, 436 F.3d 1357 (Fed.Cir.2006)("Motorola II"). Therein, the CAFC mandated that this Court determine "whether either the 900 `bypass' entries or the PRLs [preclassification ruling letters] constituted `treatment' within...

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