Semperit Industrial Products, Inc. v. United States

Memorandum Opinion and Order

DiCarlo, Chief Judge:

Plaintiff moves, pursuant to USCIT R. 84, to suspend this action under a test case, Semperit Indus. Prods., Inc. v. United States, Court No. 90-10-00566. At issue is whether plaintiff has satisfied the criteria for suspension. In view of the circumstances presented, the court denies plaintiffs motion to suspend without prejudice.

Background

Plaintiff challenges the classification of certain industrial conveyor belting of vulcanized rubber imported from Austria. The Customs Service classified the merchandise as conveyor belting of vulcanized…