Intercontinental Marble Corp. v. United States, No. 98-02961 (Ct. Int'l Trade 2003)
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SLIP OP . 03-63 UNITED STATES COURT OF INTERNATIONAL TRADE BEFORE : HONORABLE RICHARD K. EATON ____________________________________ : : : : PLAINTIFF , : : V. : : UNITED STATES , : : DEFENDANT. : ____________________________________: INTERCONTINENTAL MARBLE CORPORATION , COURT NO . 98-02961 JUDGMENT Upon considering both plaintiff s and defendant s motions for summary judgment, the memoranda and accompanying materials in support thereof, and the oppositions and replies and supporting materials thereto; upon other papers and proceedings had herein, including this court s opinion and order dated April 30, 2003, and the proposed judgment order filed by the parties with the court on May 30, 2003; it is hereby: ORDERED that plaintiff s motion for summary judgment be, and hereby is, granted in its entirety, and ORDERED that defendant s motion for summary judgment be, and hereby is, denied in its entirety, and ORDERED that judgment is hereby entered in favor of plaintiff; and ORDERED that the subject merchandise at issue in this matter is properly classified as marble slabs under subheading 6801.91.05 of the Harmonized Tariff Schedule of the United COURT NO . 98-02961 PAGE 2 States. The United States Bureau of Customs and Border Protection is ordered to take all necessary action to reliquidate the entries involved herein consistent with this order; and ORDERED that this action is dismissed. ______________________________ Richard K. Eaton Dated: June 10, 2003 New York, New York.
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