DaimlerChrysler Corp. v. United States , 2005 CIT 128 ( 2005 )

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.