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