SLIP OP. 99-33
UNITED STATES COURT OF INTERNATIONAL TRADE
____________________________________
:
CIBA-GEIGY CORPORATION, :
:
Plaintiff, :
: Before: WALLACH, Judge
v. : Court No.: 95-09-01128
:
:
UNITED STATES, :
:
Defendant. :
:
____________________________________:
ORDER
Upon consideration of Defendant's Motion To Amend The Judgment, the Court having
reviewed the pleadings and papers on file herein, and good cause appearing therefor, it is hereby
ORDERED, ADJUDGED and DECREED that Defendant's Motion To Amend The Judgment
is granted, and it is further
ORDERED, ADJUDGED and DECREED that the Court's Judgment of December 29, 1998,
is hereby amended by deleting the following paragraphs:
ORDERED, ADJUDGED AND DECREED that Defendant's
Motion for Summary Judgment be, and hereby is, granted with respect to the
classification of the Pergascripts within HTSUS Headings 3204 and 3215, but
that Defendant's Motion for Summary Judgment is denied to the limited
extent that it has failed to demonstrate that its ultimate classification of the
Pergascripts within Heading 3204 was, in fact, correct; and it is further
ORDERED, ADJUDGED AND DECREED that the parties may
apply, as necessary, for any additional reasonable discovery period needed to
demonstrate the correct classification of the Pergascripts within Heading
3204.
In their place, the following paragraphs are hereby substituted:
ORDERED, ADJUDGED AND DECREED that Defendant's
Motion for Summary Judgment be, and hereby is, granted, and it is further
ORDERED, ADJUDGED AND DECREED that this case is
Note: Pursuant to the court's Procedures for Publication of
Opinions and Orders, the court's unpublished order entered on
March 30, 1999 is being published by the Clerk's Office as Slip
Op. 99-33 on April 6, 1999.
dismissed.
And it is further
ORDERED, ADJUDGED and DECREED that the decision of this Court in Ciba-Geigy
Corporation v. United States, Slip Opinion 98-168, is hereby amended as follows:
• Page 1 (caption). The following paragraph is deleted:
[On classification of five varieties of synthetic organic coloring matter,
partial summary judgment for Defendant concerning classification within
Headings 3204 and 3215. The Court denies Defendant's Motion, however,
to the limited extent that it has failed to demonstrate that its ultimate
classification within Heading 3204 was, in fact, correct.]
In its place, the following paragraph is hereby substituted:
[On classification of five varieties of synthetic organic coloring matter,
summary judgment for Defendant concerning classification within
Headings 3204 and 3215.]
• Page 2. The following paragraph is deleted:
Currently before the Court is Defendant's Motion for Summary Judgment.
The Court finds that as there is no genuine issue of material fact relevant
to the classification of the Pergascripts within Heading 3215, this case is
ripe for partial summary disposition pursuant to USCIT R. 56. Further,
the Court finds that by operation of Note 1(a) to Chapter 32, HTSUS
("Note 1(a)"), the Pergascripts were properly classified by Customs under
Heading 3204. There are, however, insufficient facts before the Court to
verify that Customs' classification of the Pergascripts within Heading 3204
was correct. Accordingly, the Court denies Defendant's Motion to that
limited extent.
In its place, the following paragraph is hereby substituted:
Currently before the Court is Defendant's Motion for Summary Judgment.
The Court finds that as there is no genuine issue of material fact relevant
to the question of whether the Pergascripts may be classified in Heading
3215, this case is ripe for summary disposition pursuant to USCIT R. 56.
Further, the Court finds that by operation of Note 1(a) to Chapter 32,
HTSUS ("Note 1(a)"), the Pergascripts were properly classified by
Customs under Heading 3204. Accordingly, the Court grants Defendant's
Motion For Summary Judgment.
• Page 4: The title "Partial Summary Judgment Is Appropriate Because There Is No
Genuine Issue As To Any Material Fact" is hereby amended to read "Summary
Judgment Is Appropriate Because There Is No Genuine Issue As To Any Material
Fact."
• Pages 13-16: Section III(C) of the Court's Slip Opinion, entitled "Notwithstanding The
Fact That the Pergascripts Were Properly Classified Under Heading 3204, It Has
Not Been Demonstrated That The Pergascripts Were Properly Classified Under
Subheadings 3204.19.40 And 3204.19.50," is hereby deleted in its entirety (including
footnote 9).
• Page 16: The following paragraph is deleted:
For the foregoing reasons, Defendant's Motion For Summary Judgment is
partially granted and denied to the extent set forth herein. The parties may
apply, as necessary, for any additional reasonable discovery period needed
for the limited purposes set forth herein.
In its place, the following material is hereby substituted:
For the foregoing reasons, the Court finds that, as the Pergascripts
constitute separate chemically defined compounds, Note 1(a) to Chapter
32 precludes them from classification in Heading 3215. Accordingly,
Defendant's Motion For Summary Judgment is granted, and this case is
dismissed.
__________________________
Evan J. Wallach, Judge
Dated: March 29, 1999
New York, New York