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ENI TECHNOLOGY INC. v. U.S.

Slip Op. 09-93. Court No. 05-00170.

641 F.Supp.2d 1337 (2009)

ENI TECHNOLOGY INC., Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

September 1, 2009.

Attorney(s) appearing for the Case

Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP, New York City (Robert B. Silverman, Robert F. Seely, Steven P. Florsheim and Curtis W. Knauss) for the Plaintiff.

Tony West, Assistant Attorney General; Barbara S. Williams, Attorney in Charge, International Trade Field Office, Commercial Litigation Branch, Civil Division, U.S. Department of Justice (Aimee Lee); Yelena Slepak, Office of Assistant Chief Counsel, International Trade Litigation, U.S. Customs and Border Protection for the Defendant.

OPINION

POGUE, Judge.

This consolidated action involves the proper classification of merchandise, identified as "radio frequency generators" ("RF Generators" or "merchandise"), imported by Plaintiff ENI Technology Inc. ("ENI"), for use, inter alia, in Court No. 05-00170 Page 2 semiconductor manufacturing processes.1 ENI challenges the United States Customs and Border Protection's ("Customs" or "Government") classification...

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