NIDEC CORP. v. U.S.

Slip Op. 94-138. Court No. 91-07-00507.

861 F.Supp. 136 (1994)

NIDEC CORPORATION, Plaintiff, v. The UNITED STATES, Defendant.

United States Court of International Trade.

September 1, 1994.


Attorney(s) appearing for the Case

Barnes, Richardson & Colburn, James S. O'Kelly and Frederic D. Van Arnam, Jr., New York City, for plaintiff.

Frank W. Hunger, Asst. Atty. Gen., Joseph I. Liebman, Attorney-in-Charge, Intern. Trade Field Office, Commercial Litigation Branch, Civ. Div., U.S. Dept. of Justice, Barbara M. Epstein, Office of Asst. Chief Counsel, Intern. Trade Litigation, U.S. Customs Service, Washington, DC (Mark Nackman, of counsel), for defendant.


OPINION & ORDER

AQUILINO, Judge:

In this action, which has been designated a test case pursuant to CIT Rule 84(b), the plaintiff contests classification of its merchandise by the U.S. Customs Service under subheading 8501.10.40 of the Harmonized Tariff Schedule of the United States ("Electric motors ...: Motors of an output not exceeding 37.5 W: Of under 18.65 W: ... Other") while the defendant opines that this

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