Sharp Microelectronics Technology, Inc. v. United States

20 Ct. Int'l Trade 793, 932 F. Supp. 1499, 20 C.I.T. 793, 18 I.T.R.D. (BNA) 1908, 1996 Ct. Intl. Trade LEXIS 99
CourtUnited States Court of International Trade
DecidedJuly 1, 1996
DocketCourt No. 93-09-00536
StatusPublished
Cited by8 cases

This text of 20 Ct. Int'l Trade 793 (Sharp Microelectronics Technology, 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
Sharp Microelectronics Technology, Inc. v. United States, 20 Ct. Int'l Trade 793, 932 F. Supp. 1499, 20 C.I.T. 793, 18 I.T.R.D. (BNA) 1908, 1996 Ct. Intl. Trade LEXIS 99 (cit 1996).

Opinion

MEMORANDUM AND ORDER

I

Introduction

Wallach, Judge:

Plaintiff, Sharp Microelectronics Technology, Inc. (“Sharp”), challenges the classification of imported glass cells consisting of two pieces of processed glass with a layer of liquid crystal material injected between them (“display glass”) by the United States Customs Service (“Customs”). Customs classified the merchandise as “[ljiquid crystal devices not constituting articles provided for more specifically in other headings * * * Other devices * * * Other” under the Harmonized Tariff Schedule of the United States (“HTSUS”) subheading 9013.80.60 and assessed duty at a rate of 9 percent ad valorem. The entries at issue in this action were imported through the port of Portland, Oregon from November, 1991 through March, 1993.

Sharp asserts that the display glass is properly classified under either HTSUS subheading 8471.92.30, as “Automatic data processing machines and units thereof; Input or output units * * * Display unit”, duty rate is free, or, in the alternative, HTSUS subheading 8473.30.40 as “Parts and accessories of machines of Heading 8471 * * * Not incorporating a cathode ray tube”, duty rate is free.

Sharp has submitted a motion for partial summary judgment.1 Defendant has submitted a cross motion for summary judgment to uphold Customs’ classification and dismiss this action.

This Court exercises its jurisdiction pursuant to 28 U.S.C. § 1581(a) (1994).

[794]*794II

Statement of Facts

The imported merchandise at issue is referred to as “display glass”.2 The display glass displays text and graphics as the result of coded signals received from the central processing unit of an automatic data processing (“ADP”) machine. Stip. 31-32. As imported, the display glass does not have stand-alone capacity to function as a display of an ADP machine, Stip. 3, and it does not store, process or accept data. Stip. 4.

The display glass consists of two rectangular shaped, ultra flat glass substrates, approximately 1.1 millimeters in thickness. Stip. 8. The inner surfaces of the glass substrates have been coated with indium tin oxide transparent electrodes and etched, creating 640 columns and, depending on the model, either 480 or 400 rows. Stip 9. The interior of each glass substrate is covered with a processed alignment layer causing the liquid crystal molecules to align in a fixed direction. Stip. 12.

When the glass substrates are joined, the electrodes are perpendicular to each other, creating a matrix. Stip. 14. The interior space between the glass substrates is filled with liquid crystals, and the glass substrates are hermetically sealed together. Stip. 15. An electric field can be applied across the liquid crystals to form picture elements, known as a pixels. Stip. 16.

Display glass operates through polarization of light, and liquid crystals are a means to alter that polarization. Stip. 22. Through selective application of voltage, pixels may be made to appear light or dark. Stip. 23-26. Through a combination of light and dark pixels, visible images of text and graphics can be created that are visible from the front of the display glass. Stip. 27.

Large-scale integrated flexible circuits are attached to the display glass at the indium tin oxide electrodes which protrude from top, bottom and left edges of the display glass. Supp. Stip. 5. Two printed wiring boards incorporating segment driver electronics are attached to the large-scale integrated flexible circuits attached to the top and bottom of the display glass. Supp. Stip. 6. A third printed wiring board incorporating common driver electronics is attached to the large-scale integrated flexible circuits at the left of the display glass. Supp. Stip. 7. Both ends of the printed wiring board incorporating common driver electronics are connected to the printed wiring boards with segment drivers. Supp. Stip. 8.

The display glass is connected to an ADP machine by means of a fifteen-pin connector mounted on the printed wiring board at the left of the display glass together with the common driver electronics. Supp. Stip. 10. The segment and common driver electronics receive signals from the CPU through the graphic chip. Supp. Stip. 11.

[795]*795Both the CPU and the graphic chip are mounted on the main processor board of the ADB and are connected to each other by means of 16-bit bus. Supp. Stip. 12. The digital command signals received from the CPU is processed by the graphic chip, which executes the commands and “writes” the displayable image into dynamic memory. Supp. Stip. 13. The signals are then transferred from the dynamic memory to the driver electronics by the graphic chip and are displayed as text and graphics on the display glass. Supp. Stip. 14.

Ill

Discussion

A

Summary Judgment May be Granted When There are No Genuine Issues of Material Fact in Dispute and the Moving Party is Entitled to Summary Judgment as a Matter of Law

Summary judgment may be granted “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” USCIT Rule 56(d). The Court may grant summary judgment only if the Court finds that no genuine issues of material fact exist. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249 (1988). No genuine issues of material fact exist here, and summary judgment may be granted as a matter of law.

B

Customs Properly Classified the Imported Merchandise Under HTSUS 9013.80.60

Customs is Not Entitled to a Presumption of Correctness in a Summary Judgment Motion Where There are No Material Facts in Dispute

The presumption of correctness which is statutorily mandated in 28 U.S.C. § 2639 is not relevant when there is no factual dispute between the parties. Anval Nyby Powder AB v. United States, 20 CIT 608, 613, Slip Op. 96-80 at 11 (May 21, 1996) (citing Goodman Mfg., L.P. v. United States, 69 F.3d 505, 508 (Fed. Cir. 1995)). Therefore, Defendant is not entitled to a presumption of correctness in this summary judgment action.3 Instead, the Court must “reach the correct decision” as prescribed in 28 U.S.C. § 2643. See Jarvis Clark Co. v. United States, 2 Fed. Cir. (T) 70, 75, 733 F.2d 873, 878 (1984) (The “Court’s duty is to find the [796]*796correct result, by whatever procedure is best suited to the case at hand.”). As will be discussed below, the Court finds that Defendant has established that Customs’ classification of the imported merchandise is correct.

Heading 9013, HTSUS, More Specifically Describes the Subject Merchandise Than Heading 8471 or Heading 8473

Free access — add to your briefcase to read the full text and ask questions with AI

Related

ADC Telecomms., Inc. v. United States
2017 CIT 144 (Court of International Trade, 2017)
United States v. Optrex America, Inc.
560 F. Supp. 2d 1326 (Court of International Trade, 2008)
United States v. Optrex Am., In
2008 CIT 63 (Court of International Trade, 2008)
The Pomeroy Collection, Ltd. v. United States
559 F. Supp. 2d 1374 (Court of International Trade, 2008)
Optrex America, Inc. v. United States
427 F. Supp. 2d 1177 (Court of International Trade, 2006)
General Electric Company-Medical Systems Group v. United States
86 F. Supp. 2d 1291 (Court of International Trade, 2000)
Verosol USA, Inc. v. United States
941 F. Supp. 139 (Court of International Trade, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
20 Ct. Int'l Trade 793, 932 F. Supp. 1499, 20 C.I.T. 793, 18 I.T.R.D. (BNA) 1908, 1996 Ct. Intl. Trade LEXIS 99, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sharp-microelectronics-technology-inc-v-united-states-cit-1996.