DaimlerChrysler Corp. v. United States

2005 CIT 128

Opinion

Slip Op. 05-128

UNITED STATES COURT OF INTERNATIONAL TRADE

DAIMLERCHRYSLER CORPORATION,

Plaintiff, Before: Jane A. Restani Chief Judge v. Court No. 99-00668 UNITED STATES,

Defendant.

JUDGMENT

[Judgment for plaintiff on Tariff Classification of U.S. made truck parts painted and assembled in Mexico free of duties.]

Dated: September 26, 2005

Barnes, Richardson & Colburn, (Lawrence M. Friedman and Ilya A. Bakke) for plaintiff.

Peter D. Keisler, Assistant Attorney General, Barbara S. Williams, Attorney-in-Charge, International Trade Field Office, Commercial Litigation Branch, Civil Division, United States Department of Justice (Saul Davis), Michael Heydrich, Office of Assistant Chief Counsel, International Trade Litigation, U.S. Customs and Border Protection, of counsel, for defendant.

Restani, Chief Judge: The merchandise at issue is identical in all material respects to that

in DaimlerChrysler Corp. v. United States, 361 F.3d 1378 (Fed. Cir. 2004), wherein defendant’s

classification failed.

The parties do not request a new trial. Accordingly, the court is bound by precedent, and

judgment is entered for plaintiff requiring duty free treatment under Harmonized Tariff Schedule of

the United States (“HTSUS”) item 9802.00.80 for the U.S. made truck parts painted and assembled Court No. 03-00442 Page 2

in Mexico, re-entered into the United States on May 5, 1993, under entry numbers 228-0107083-4

and 228-0107085-9.

Defendant shall refund the duties erroneously collected together with interest as provided by

law.

/s/ Jane A. Restani Jane A. Restani Chief Judge

Dated: New York, New York This 26th day of September, 2005.