American Scientific Products, Div. of American Hospital Supply Corp. v. United States

Tsoucalas, Judge.

This action, designated as a test case, comes before the court pursuant to 28 U.S.C. § 1581(a) (1982) upon a challenge to Customs’ classification of certain hematology analysis equipment imported from Japan. Plaintiff, American Scientific Products (“American”), contests the classification of its imported merchandise under item 712.49 of the Tariff Schedules of the United States (1985) (“TSUS”), on grounds that the equipment neither “measures” nor *313“analyzes” within the meaning of that TSUS provision. Rather, plaintiff claims, the equipment is provided for eo nomine under item…