Dispute Over Origin of Power Supplies Headed to Trial, CIT Says
The Court of International Trade denied both importer Cyber Power Systems (USA) Inc.'s and the DOJ's motions for judgment in a case over the country of origin of Cyber Power's uninterruptible power supplies and surge voltage protector, ordering that the…
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case go to trial. For these imports, many of their components came from China but were completed in the Philippines. Judge Leo Gordon said that the U.S. failed to show that the process in the Philippines constituted a "simple assembly" but also that Cyber Power failed to show that the goods were "substantially transformed" in the Philippines enough change their origin. The judge gave the parties until March 7 to submit a proposed scheduling order to lay out the next steps for a trial.