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BASF CORP. v. U.S.

Slip Op. 06-28, Court No. 02-00260.

427 F.Supp.2d 1200 (2006)

BASF CORPORATION, Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

February 28, 2006.

Attorney(s) appearing for the Case

Barnes, Richardson & Colburn (James S. O'Kelly, Frederic D. Van Arnam, Jr., Kevin Sullivan), New York City, for Plaintiffs.

Peter D. Keisler, Assistant Attorney General, Barbara S. Williams, International Trade Field Office, Commercial Litigation Branch, Civil Division, U.S. Department of Justice (Bruce N. Stratvert), Michael W. Heydrich Office of General Counsel, United States Customs Service, of counsel, for Defendant.

OPINION

CARMAN, Judge:

This opinion and judgment follow a bench trial. The issue before the Court is the tariff classification of Plaintiff's, BASF Corporation ("BASF" or "Plaintiff'), trademarked polyisobutylene amine ("PIBA") in a solution of hydrocarbon solvent. The trade name of Plaintiff's PIBA in solvent is PURADD® FD-100. In the United States, PURADD® FD-100 is used in the production of gasoline detergent additive packages. At importation...

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