FUJI AMERICA CORP. v. U.S.

Nos. 2006-1653, 2007-1177.

519 F.3d 1355 (2008)

FUJI AMERICA CORPORATION, Plaintiff-Appellant, v. UNITED STATES, Defendant-Cross Appellant.

United States Court of Appeals, Federal Circuit.

March 19, 2008.


Attorney(s) appearing for the Case

Mark S. Zolno, Katten Muchin Rosenman LLP, of Chicago, IL, argued for plaintiff-appellant. With him on the brief were David P. Sanders and Eric R. Rock.

Bruce N. Stratvert, Attorney International Trade Field Office, Commercial Litigation Branch, Civil Division, United States Department of Justice, of New York, New York, argued for defendant-cross appellant. With him on the brief were Jeanne E. Davidson, Director; and Barbara S. Williams, Attorney in Charge, of Washington, DC. Of counsel on the brief was Sheryl A. French, Office of Assistant Chief Counsel, International Trade Litigation, United States Customs and Border Protection, of New York, NY.

Before NEWMAN, LOURIE, and SCHALL, Circuit Judges.


LOURIE, Circuit Judge.

Fuji America Corporation ("Fuji") appeals from the United States Court of International Trade's grant of summary judgment in favor of the United States, classifying Fuji's chip placer machines under subheading 8479.89.9797 of the Harmonized Tariff Schedule of the United States (2001) ("HTSUS"). Fuji Am. Corp. v. United States, 28 I.T.R.D. (BNA) 2199 (Ct. Int'l Trade 2006). The government cross-appeals the portion of the trial court's...

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