Jarvis Clark Co. v. United States
Court of Appeals for the Federal Circuit
1Opinion of the Court
WISDOM, Senior Circuit Judge.
We consider here the proper judicial procedure for resolving an importer’s complaint that the Customs Service has improperly classified its merchandise. We hold that the Court of International Trade is required to decide the correctness not only of the importer’s proposed classification but of the government’s classification as well. Because the trial court did not do so, we reverse and remand.
I
This case requires the Court to grope for the proper words for describing an imported product which does not readily fit into the importer’s proposed classification or the…
2Cases cited13 opinions
- The United States v. New York Merchandise Co., Inc.Court of Customs and Patent Appeals · 1970
- Davies v. ArthurSupreme Court of the United States · 1878
- Nippon Kogaku (USA), Inc. v. United StatesCourt of Customs and Patent Appeals · 1982
- F. L. Smidth & Company v. The United StatesCourt of Customs and Patent Appeals · 1969
- Arthur v. UnkartSupreme Court of the United States · 1878
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3Cited by365 opinions
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- Rollerblade, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 1997
- Dorbest Ltd. v. United StatesUnited States Court of International Trade · 2006
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