CIT Nixes Duties On MKS Radio Generator Imports

Law360, New York (September 2, 2009, 2:24 PM EDT) -- The U.S. Court of International Trade has handed MKS Instruments Inc. — a producer of instruments used in semiconductor manufacturing — a win in its challenge to the way the U.S. government classifies the company's imports of radio frequency generators, ruling that the imports should be duty free.

The CIT on Tuesday rejected U.S. Customs and Border Protection's classification of the generators as static converters, which are subject to a 1.5 percent ad valorem duty under the tariff schedule.

The court agreed with Andover, Mass.-based MKS,...
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