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Toyota Motor Sales, U.S.A. v. United States

United States Court of Appeals, Federal Circuit
Feb 1, 1985
753 F.2d 1061 (Fed. Cir. 1985)

Opinion

Appeal No. 84-1326.

February 1, 1985.

William Brashares, Cladouhos Brashares, Washington, D.C., argued for appellant. With him on the brief were Harry W. Cladouhos, Paul M. Laurenza and MariAnne Pisarri, Washington, D.C., of counsel.

Joseph S. Kaplan John B. Pellegrini, Baskin Steingut, P.C., of New York City, of counsel.

William A. Plourde, Jr. and David D. Laufer, Torrence, Cal., of counsel.

Saul Davis, Dept. of Justice, of New York City, argued for appellee. With him on the brief were Richard K. Willard, Acting Asst. Atty. Gen., Washington, D.C., David M. Cohen, Director, Joseph I. Liebman, Atty. in Charge International Trade Field Office, and Michael P. Maxwell, New York City.

Appeal from the United States Court of International Trade.

Before BALDWIN, KASHIWA and NIES, Circuit Judges.


This is an appeal from a judgment of the United States Court of International Trade sustaining the classification of certain cab chassis, imported from Japan from January 1980 to July 1981, under item 692.02 of the Tariff Schedules of the United States (TSUS).

The issues on appeal were thoroughly treated in the trial court's opinion reported at 7 CIT ___, 585 F. Supp. 649 (1984). Contrary to appellant's argument, Daisy-Heddon, Div. Victor Comptometer Corp. v. United States, 600 F.2d 799, 66 CCPA 97 (1979) is the most pertinent precedent and leads us also to conclude that the articles in question fall within the scope of item 692.02 (TSUS) as unfinished automobile trucks and not within either item 692.20 (TSUS) as automobile truck chassis or item 692.10 (TSUS) as other automobile trucks. Accordingly, we affirm on the basis of Senior Judge Maletz's opinion.

AFFIRMED.


Summaries of

Toyota Motor Sales, U.S.A. v. United States

United States Court of Appeals, Federal Circuit
Feb 1, 1985
753 F.2d 1061 (Fed. Cir. 1985)
Case details for

Toyota Motor Sales, U.S.A. v. United States

Case Details

Full title:TOYOTA MOTOR SALES, U.S.A., INC., APPELLANT, v. THE UNITED STATES, APPELLEE

Court:United States Court of Appeals, Federal Circuit

Date published: Feb 1, 1985

Citations

753 F.2d 1061 (Fed. Cir. 1985)