American Bayridge Corp. v. United States , 23 Ct. Int'l Trade 18 ( 1999 )

Slip Op. 99-8
UNITED STATES COURT OF INTERNATIONAL TRADE
____________________________________
American Bayridge Corp., :
Plaintiff, : Court No. 98-08-02682
Before: Barzilay, Judge
v. :
United States of America, :
Defendant. :
____________________________________
JUDGMENT
This case contesting the decision of the United States Customs Service, in HQ962042,
denying protest number 3401-98-100012 as to the classification of imported merchandise
(“predrilled studs”) and the effective date of an interpretive ruling issued pursuant to 19 U.S.C. §
1625(c) having been submitted for decision; and the Court, after due deliberation, having rendered
a decision in Slip Opinion No. 98-166; and
Whereas the United States Customs Service has made available to the Court port instructions
which it intends to issue in light of said Slip Opinion, a copy of which will be filed with the Court
upon entry of final judgment by the Court in this case, declaring its intention to post Bulletin notices
of liquidation or reliquidation, as appropriate, within 30 days of its receipt of Supplemental
Information Letters or timely protests from affected importers;
Now therefore, in conformity with said decision it is
ORDERED that Plaintiff’s motion for summary judgment as to the classification of
predrilled studs under heading 4418, HTSUS, be and hereby is, denied; and it is further
ORDERED that Defendant’s cross-motion for summary judgment, as to the classification
of predrilled studs, be and hereby is, granted, upholding classification under subheading 4407.10.00,
HTSUS; and it is further
ORDERED that Plaintiff’s motion for summary judgment as to the effective date of an
interpretive ruling issued pursuant to 19 U.S.C. § 1625(c) with respect to the rights of all importers,
be and hereby is, granted; and it is further
ORDERED that Defendant’s cross-motion for summary judgment as to the effective date of
an interpretive ruling issued pursuant to 19 U.S.C. § 1625(c), be and hereby is, denied.
Dated: ____________________ ___________________________________
New York, New York Judith M. Barzilay
Judge
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