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

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