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APPLIED BIOSYSTEMS, DIV. OF APPLERA v. U.S.

Slip Op. 10-72. Court No. 03-00251.

715 F.Supp.2d 1327 (2010)

APPLIED BIOSYSTEMS (A DIVISION OF APPLERA CORPORATION), Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

June 28, 2010.

Attorney(s) appearing for the Case

Rodriguez, O'Donnell, Gonzalez and Williams, P.C. ( Thomas J. O'Donnell , Michael A. Johnson , and Laura A. Austrins ) for Plaintiff Applied Biosystems (A Division of Applera Corporation).

Tony West , Assistant Attorney General; Barbara S. Williams , Attorney-in-Charge, International Trade Field Office, Commercial Litigation Branch, Civil Division, U.S. Department of Justice ( Amy M. Rubin ); and Yelena Slepak , Office of the Assistant Chief Counsel, International Trade Litigation, U.S. Customs and Border Protection, Of Counsel, for Defendant United States.

Before: WALLACH, Judge.

OPINION

EVAN J. WALLACH, Judge:

I

INTRODUCTION

This action involves classification under the Harmonized Tariff Schedule of the United States ("HTSUS") of certain thermal cyclers and thermal cycler parts. U.S. Customs and Border Protection ("Customs") classified these goods under HTSUS Heading 8419, which includes "machinery, plant or laboratory equipment. . . for the treatment of materials by a process involving a change of temperature...

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