DocketNumber： 93-03-00159
Citation Numbers： 1999 CIT 4
Filed Date： 1/6/1999
Status： Precedential
Modified Date： 9/25/2018
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