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PHOTONETICS, INC. v. U.S.

Slip Op. 09-117. Court No. 01-00916.

659 F.Supp.2d 1317 (2009)

PHOTONETICS, INC., Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

October 15, 2009.

Attorney(s) appearing for the Case

Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP (Curtis W. Knauss, Robert F. Seely and Robert B. Silverman) for Plaintiff Photonetics, Inc.

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 (Amy M. Rubin); and Chi S. Choy, Office of the Assistant Chief Counsel, U.S. Customs and Border Protection, Of Counsel, for Defendant United States.

OPINION

WALLACH, Judge.

I

INTRODUCTION

This matter comes before the court on Plaintiff Photonetics, Inc.'s ("Plaintiff") Motion for Summary Judgment and Defendant United States' ("Defendant") Cross-Motion for Summary Judgment. U.S. Customs and Border Protection ("Customs") classified entries of Plaintiff's precision tunable lasers under Heading 9013 of the Harmonized Tariff Schedule of the United States ("HTSUS"). Plaintiff challenges...

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