Mita Copystar America, Inc. v. United States

Court of International Trade

Mita Copystar America, Inc. v. United States

1999 CIT 4

CourtUnited States Court of International Trade

DecidedJanuary 6, 1999

Docket93-03-00159

StatusPublished

This text of 1999 CIT 4 (Mita Copystar America, Inc. v. United States) is published on Counsel Stack Legal Research, covering United States Court of International Trade primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mita Copystar America, Inc. v. United States, 1999 CIT 4 (cit 1999).

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Opinion

Slip-Op. 99 - 4 UNITED STATES COURT OF INTERNATIONAL TRADE BEFORE: RICHARD W. GOLDBERG, JUDGE

MITA COPYSTAR AMERICA, INC.,

Plaintiff,

v. Court No. 93-03-00159

UNITED STATES,

Defendant.

AMENDED JUDGMENT ORDER

In accordance with the decision (November 6, 1998) and mandate (December 28, 1998) of the United States Court of Appeals for the Federal Circuit, Appeal No. 98-1203, reversing this Court’s decision in Mita Copystar America v. United States, 21 CIT __, 994 F. Supp. 393, Slip Op. 98-2 (January 9, 1998) ("Mita"), it is hereby

ORDERED that this Court’s Opinion and Order in Mita, holding that Customs properly classified toner cartridges under HTSUS subheading 3707.90.30, is vacated; and it is further

ORDERED that Customs shall reliquidate the aforementioned subject merchandise under HTSUS subheading 9009.90.00 as "parts and accessories of electrostatic photocopying apparatus," in accordance with the Federal Circuit’s decision and mandate. Customs shall refund all excess duties paid with interest as provided by law.

JUDGE

Date: January 6, 1999 New York, New York

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