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CYBER POWER SYSTEMS (USA) INC. v. UNITED STATES

Slip Op. 23-24 Court No. 20-00124.

622 F.Supp.3d 1397 (2023)

CYBER POWER SYSTEMS (USA) INC., Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

February 27, 2023.

Attorney(s) appearing for the Case

John M. Peterson , Richard F. O'Neill , and Patrick B. Klein , Neville Peterson LLP, of New York, N.Y., for Plaintiff Cyber Power Systems (USA) Inc.

Luke Mathers , Trial Attorney, and Beverly A. Farrell , Senior Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of New York, N.Y., argued for Defendant United States. With them on the brief were Brian M. Boynton , Principal Deputy Assistant Attorney General, Patricia M. McCarthy , Director, and Justin R. Miller , Attorney-in-Charge. Of counsel was Yelena Slepak , Attorney, Office of the Assistant Chief Counsel, International Trade Litigation, U.S. Customs and Border Protection, of New York, N.Y.

OPINION

Plaintiff Cyber Power Systems (USA) Inc. ("Cyber Power") commenced this action contesting a denied protest regarding the country of origin marking of five models of uninterruptible power supplies ("UPS") and one model of surge voltage protectors ("SVP"). Upon entry of the subject merchandise, which Plaintiff had...

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