BELIMO AUTOMATION A.G. v. U.S.

No. 2014-1165.

774 F.3d 1362 (2014)

BELIMO AUTOMATION A.G., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

December 19, 2014.


Attorney(s) appearing for the Case

Robert B. Silverman , Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP, of New York, NY, argued for Plaintiff-Appellant. With him on the brief were Peter W. Klestadt and Robert F. Seely.

Amy M. Rubin , Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of New York, NY, argued for Defendant-Appellee. With her on the brief were Stuart F. Delery , Assistant Attorney General and Jeanne E. Davidson , Director, of Washington, DC. Of counsel on the brief was Michael W. Heydrich , Office of Assistant Chief Counsel, United States Customs and Border Protection, of New York, NY.

Before PROST, Chief Judge, NEWMAN and TARANTO, Circuit Judges.


Belimo appeals from the Court of International Trade's classification of Belimo's imports as "electric motors" under subheading 8501.10.40 of the Harmonized Tariff Schedule of the United States ("HTSUS"). Belimo argues that the subject imports should have been classified as "automatic regulating and controlling instruments and...

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