CIT Sides With Graphite Sales On Duties

Law360, New York (May 4, 2011, 7:45 PM EDT) -- A U.S. Court of International Trade judge on Wednesday ordered U.S. Customs and Border Protection to recalculate duties on electric heating resistors imported by Graphite Sales Inc., after finding the agency misclassified the products.

Judge Nicholas Tsoucalas of the CIT granted Graphite Sales summary judgment and denied the government's cross-motion for summary judgment, entitling the company to a refund of the duties plus interest.

“No genuine issues of material fact remain and Graphite Sales is entitled to judgment as a matter of law,” the judge said....
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