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AIRFLOW TECHNOLOGY, INC. v. U.S.

Slip Op. 11-136. Court No. 02-00099.

804 F.Supp.2d 1292 (2011)

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

United States Court of International Trade.

October 31, 2011.

Attorney(s) appearing for the Case

Jessica R. Rifkin, Rodriguez O'Donnell Gonzalez & Williams, P.C., of Chicago, IL, argued for plaintiff. With her on the brief was Thomas J. O'Donnell.

Mikki Cottet, Senior Trial Counsel, International Trade Field Office, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of New York, NY, argued for defendant. With her on the brief were Tony West, Assistant Attorney General, and Barbara S. Williams, Attorney In Charge. Of counsel on the brief was Michael W. Heydrich, Office of the Assistant Chief Counsel, International Trade Litigation, Bureau of Customs and Border Protection, U.S. Department of Homeland Security, of New York, NY.

OPINION

RIDGWAY, Judge:

This test case, on remand from the Court of Appeals for the Federal Circuit, concerns the classification of 21 entries of Sperifilt filter media ("Sperifilt") imported from Italy by plaintiff Airflow Technology, Inc. in 1998 and 1999. See generally Airflow Technology, Inc. v. United States, 524 F.3d 1287 (Fed.Cir.2008) ("Airflow II"). Airflow I granted the Government's cross-motion...

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