Caribiner, Inc. v. United States

Ford, Judge:

This action, submitted to the Court on plaintiffs motion for summary judgment, involves the proper classification of certain audio-visual and related apparatus entered by the plaintiff at the port of New York.

Defendant contends there are disputed issues of fact and, hence, the action is not ripe for summary judgment. Alternatively, however, defendant has cross-moved for summary judgment as a matter of law on the first and second causes of action. Defendant further moved to dismiss the second cause of action for lack of jurisdiction.

The plaintiff, Caribiner, Inc., is a New York…