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NOBELPHARMA U.S.A. INC. v. U.S.

Slip Op. 97-6. Court No. 91-02-00097-S.

955 F.Supp. 1491 (1997)

NOBELPHARMA U.S.A. INC., Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

January 13, 1997.

Attorney(s) appearing for the Case

Wasserman, Schneider & Babb, New York City (Louis Schneider, Patrick C. Reed and David M. Steiner), for plaintiff.

Frank W. Hunger, Assistant Attorney General, Washington, D.C.; Joseph I. Liebman, Attorney in Charge, International Trade Field Office, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, New York City (Mark S. Sochaczewsky, Edith Sanchez Shea and Barbara Silver Williams); and Office of Assistant Chief Counsel, U.S. Customs Service, New York City (Chi S. Choy), of counsel, for defendant.

AQUILINO, Judge:

The defendant has interposed a motion for summary judgment, dismissing this test case within the meaning of CIT Rule 84(b) on the alternative grounds of lack of subject-matter jurisdiction or correct classification by the U.S. Customs Service of the predicate merchandise under item 658.00 of the Tariff Schedules of the United States ("TSUS") ("Articles of base metals not provided for in the foregoing provisions of this subpart, not coated or plated...

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