Rico Import Company v. United States

PLAGER, Circuit Judge.

Rico Import Company appeals a decision 1 of the Court of International Trade affirming a classification of goods under the Harmonized Tariff Schedule of the United States by the Customs Service. We reverse the decision of the Court of International Trade.

A

Background and Procedural History

Rico Import Company (Rico) imports tubes from France into the United States for the production of the “reed” used in clarinets and saxophones. Rico produces these tubes from the “giant reed,” Arundo donax, which grows to a length of 18-24 feet. The reeds are harvested during the winter,…