Rainin Instrument Co. v. United States, (2003)

Extract

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Rainin Instrument Co. v. United States, (2003)

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UNITED STATES COURT OF INTERNATIONAL TRADE ________________________________________

:

RAININ INSTRUMENT CO., INC.,

: Plaintiff,

: Court No. 00-11-00514 v. :

UNITED STATES, :

Defendant. ________________________________________:

[Defendant's motion for summary judgment is granted. Plaintiff's cross-motion is denied.] Decided: October 24, 2003

Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP (Steven P. Florsheim), for Plaintiff.

Peter D. Keisler, Assistant Attorney General; Barbara S. Williams, Assistant Branch Director, International Trade Field Office, Commercial Litigation Branch, Civil Division, U.S. Department of Justice (Arthur J. Gribbin); 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 Counsel; for Defendant.

OPINION

RIDGWAY, Judge:

At issue in this case is the proper tariff classification of certain adjustable mechanical pipettes - known as "Pipetman" pipettes - which were imported from France through the port of Boston in 1999 by Plaintiff Rainin Instrument Co., Inc. ("Rainin"). Rainin challenges the decision of the

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United States Customs Service ("Customs")1 denying its protest and classifying the pipettes as "[m]achines and mechanical appliances having individual functions," under subheading 8479.89.97 of the Harmonized Tariff Schedule of the Unit...

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