No. 2010-1451.

642 F.3d 1055 (2011)

DELL PRODUCTS LP, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

April 29, 2011.

Attorney(s) appearing for the Case

Michael E. Roll , Pisani & Roll, LLP, of Los Angeles, CA, argued for plaintiff-appellant. With him on the brief were Brett Ian Harris and Robert J. Pisani .

Amy M. Rubin , Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With her on the brief were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director; and Barbara S. Williams , Attorney in Charge, International Trade Field Office, Civil Division, United States Department of Justice, of New York, NY. Of counsel on the brief was Beth C. Brotman , Office of Assistant Chief Counsel, International Trade Litigation, United States Customs and Border Protection, of New York, NY.

Before BRYSON, DYK, and PROST, Circuit Judges.

BRYSON, Circuit Judge.

This case requires us to interpret the phrase "goods put up in sets for retail sale" as used in General Rule of Interpretation 3(b) of the Harmonized Tariff Schedule of the United States. The Court of International Trade upheld a ruling of U.S. Customs and Border Protection that spare laptop batteries that were offered for sale individually but were packaged with laptop computers for shipment were not "put up in sets for retail sale" with those...

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