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APPLIKON BIOTECHNOLOGY, INC. v. U.S.

Slip Op. 11-154. Court No. 07-00364.

807 F.Supp.2d 1323 (2011)

APPLIKON BIOTECHNOLOGY, INC., Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

December 12, 2011.

Attorney(s) appearing for the Case

Law Offices of George R. Tuttle , A.P.C. ( Carl D. Cammarata ), for the 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 ( Beverly A. Farrell and Justin R. Miller , Blue Bell, PA), Office of the Assistant Chief Counsel, International Trade Litigation, U.S. Customs and Border Protection ( Michael W. Heydrich ), of counsel, for the defendant.

OPINION

MUSGRAVE, Senior Judge:

Plaintiff Applikon Biotechnology, Inc. ("Applikon") challenges U.S. Customs and Border Protection's ("Customs") classification of "BioBundle Cell Culture Bioreactor Systems" and "ez-Control Cell Culture BioBundle Bioreactor Systems" imported from the Netherlands (both referred hereafter as the Bioreactor Systems). Proper administrative protest procedure having been undertaken and all liquidated duties, taxes and fees having...

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