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HITACHI HOME ELECTRONICS (AMERICA), INC. v. U.S.

No. 2010-1345.

661 F.3d 1343 (2011)

HITACHI HOME ELECTRONICS (AMERICA), INC., Plaintiff-Appellant, v. UNITED STATES, United States Customs and Border Protection, and Rosa Hernandez, Port Director, United States Customs and Border Protection, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

October 31, 2011.

Attorney(s) appearing for the Case

Sidney N. Weiss , of New York, NY, argued for plaintiff-appellant. With him on the brief was Steven B. Zisser , Zisser Customs Law Group, PC, of San Diego, CA.

Barbara S. Williams , Attorney in Charge, International Trade Field Office, Civil Division, Commercial Litigation Branch, United States Department of Justice, of New York, NY, argued for the defendants-appellees. With her on the brief were Justin R. Miller ; and Tony West , Assistant Attorney General, and Jeanne E. Davidson , Director, of Washington, DC.

Dissenting opinion filed by Circuit Judge REYNA.

LINN, Circuit Judge.

Hitachi Home Electronics (America), Inc. ("Hitachi") appeals from the Court of International Trade's dismissal for lack of jurisdiction of its action seeking duty-free treatment of certain plasma flat panel televisions made or assembled in Mexico and imported into the United States and seeking recovery of tariffs paid thereon. Because the Court of International Trade correctly determined that it lacked jurisdiction, this court affirms.

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