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GRAPHITE SALES v. U.S.

Slip Op. 11-51. Court No. 07-00225.

768 F.Supp.2d 1326 (2011)

GRAPHITE SALES, Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

May 4, 2011.

Attorney(s) appearing for the Case

Rodriguez O'Donnell Gonzalez & Williams, PC, ( Lara A. Austrins , Thomas J. O'Donnell , Jessica R. Rifkin ), for Graphite Sales, Plaintiff.

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, ( Alexander J. Vanderweide ); Office of the Assistant Chief Counsel, International Trade Litigation, U.S. Customs and Border Protection, (Of Counsel, Michael Heydrich ), for United States, Defendant.

OPINION

TSOUCALAS, Senior Judge.

Plaintiff, Graphite Sales brings this action to contest the classification of its merchandise under the Harmonized Tariff Schedule of the United States ("HTSUS") 9613 arguing that the goods should be classified under HTSUS 8516. The United States Customs and Border Protection (the "Government" or "CBP"), however, contends that the subject goods should be classified under HTSUS 9613. This action is currently before the Court...

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