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FDK AMERICA, INC. v. U.S.

Slip Op. 14-36. Court No. 11-00385.

973 F.Supp.2d 1315 (2014)

FDK AMERICA, INC., Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

April 4, 2014.

Attorney(s) appearing for the Case

Michael K. Tomenga, Neville Peterson LLP, of Washington, DC, for the plaintiff.

Alexander J. Vanderweide, Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of New York, NY, for the defendant. With him on the brief were Stuart F. Delery, Assistant Attorney General and Amy M. Rubin, Acting Assistant Director, International Trade Field Office.

MEMORANDUM & ORDER

MUSGRAVE, Senior Judge:

This opinion addresses a sui generis discovery motion in litigation of the customs duty classification of certain optical isolators from Sri Lanka. The motion pertains to the plaintiff's attempt to obtain from the defendant U.S. Customs and Border Protection ("Customs") the non-privileged but business-confidential documentation that underlies Headquarters Ruling ("HQ") 965942 (dated Dec. 19, 2002), published...

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