Ataka America, Inc. v. United States

Newman, Judge:

Plaintiff has moved for an order severing a protest (No. 1001-2-041977) from this civil action; defendant opposes the motion.

In support of its application, plaintiff’s counsel has submitted an affidavit averring inter alia: All entries covered by the civil action present a common question of law as to whether the merchandise is properly classifiable as medical optical instruments under item 709.05, TSUS, or as electro-medical apparatus under item 709.17, TSUS. The entries cover a number of articles having different model numbers, which reflect the existence of various…