Group Italglass U.S.A., Inc. v. United States

Opinion and Order

Newman, Senior Judge:

Plaintiff requests an order in limine limiting plaintiffs burden of proof on the issue of principal use. Further, in conformance with CIT Rule 26(c), plaintiff seeks a protective order to be relieved of answering defendant’s Second Set of Interrogatories; and plaintiff again moves, in the alternative, for summary judgment pursuant to CIT Rule 56.

Plaintiffs request for an order in limine concerning plaintiffs burden of proof is granted. A tariff classification controlled by use is determined in accordance with the principal use of the class or kind of…