Eni Technology Inc. v. United States

grip 0p. 09-143_” UNITED STATES COURT OF INT}:`RNWTIONAL, TRADE BEF()RE: HON. DONALD C. POGUE, JUDGE _ ENI TECHNOLOGY INC., Plainti'ff, Consolidated Courtl\lo, 05-00]70 v. ; UNITED STATES, Defetadent. .IIJI)GMENT ' ..\ Upon reading the parties inoving papers for sun'nnary judgment and other papers in this proceeding and upon clue deliberation, it is hereby OR.DERED that det`enclent’s classification of the st,ibjeet RF generators is overruled and clet`enclent’s cross~motion for summary judgment is denied in its eittirety, ORDEReED that plaintiff”s lnotion for summary judgment is granted as to plaintit`t`s elaint that the "principel use" of the subject RF generators is for plasma processing of semiooncluctors, ORDERED that plaintift`s motion for sunnnary' judgment is denied as to plaintift`;s claim that all of the subject RF generators are classifiable in subheadiimg 8479.89.84, l~iarinonizecl Tarift` Sehedule ofthe United States ("HTSUS’”) (20()2-2004). ORDERED that each of the subject RF generators are elassifieble in the HTSUS according to the inethod or lnethocls oi"plasina processing in which they were programined to perform as l"ollows; Models ACG~GB-OZ and GHWZSAlBDFL%NOl in subheading 8466.93.85 which relates to etch processing , l\/lodel GH`WIZZ!BDFZNOI in subheading 8543.90.10 which relates to physical vapor deposition processing, and Models B-IOOlS-OO and ACG-GB-Ol in subheading 8479.89.84 which relates to chemical vapor deposition processing and/or undetermined or multiple processing methods, and ORDERED that U.S. Customs and Border Protection shall rcliquidate the subject entries and refund, with lawful interest, all duties paid on the,subject RF generators /S