Nobelpharma U.S.A. Inc. v. United States

Opinion and Order

Aquiu.no, Judge:

The defendant has interposed a motion for summary judgment, dismissing this test case within the meaning of CIT Rule 84(b) on the alternative grounds of lack of subject-matter jurisdiction or correct classification by the U.S. Customs Service of the predicate merchandise under item 658.00 of the Tariff Schedules of the United States (“TSUS”) (“Articles of base metals not provided for in the foregoing provisions of this subpart, not coated or plated with precious metal”), with duties assessed at a rate of 5.9 percent ad valorem. In its pleadings and *48own motion…