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CYBER POWER SYSTEMS (USA) INC. v. U.S.

Slip Op. 20-130 Court No. 20-00124.

471 F.Supp.3d 1371 (2020)

CYBER POWER SYSTEMS (USA) INC., Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

September 2, 2020.

Attorney(s) appearing for the Case

John M. Peterson, Patrick Brady Klein, and Richard F. O'Neill, Neville Peterson, LLP of New York, NY for Plaintiff Cyber Power Systems (USA) Inc.

Beverly A. Farrell and Brandon A. Kennedy, Trial Attorneys, Commercial Litigation Branch, Civil Division, U.S. Department of Justice of New York, NY for Defendant United States. With them on the brief were Ethan P. Davis, Acting Assistant Attorney General, Jeanne E. Davidson, Director, Justin R. Miller, Attorney-In-Charge. Of counsel on the brief was Yelena Slepak, Office of Assistant Chief Counsel, U.S. Customs and Border Protection of New York, NY.

OPINION and ORDER

In this action Plaintiff Cyber Power (USA) Inc. challenges the denial by U.S. Customs and Border Protection ("Customs" or "CBP") of Plaintiff's protest of Customs' deemed exclusion of Plaintiff's subject merchandise (five models of uninterruptible power supplies and one model of surge voltage protectors...

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