Legal Opinion

Berwick Industries, Inc. v. United States

United States Court of International Trade

Decided March 31, 2006No. 96-00263 & 98-03189Published

1Opinion of the Court

MEMORANDUM & ORDER

AQUILINO, Senior Judge:

The above-named plaintiff importer 1 commenced civil action 96-01-00263 as a test case pursuant to USCIT Rule 84(b) to challenge classification by the U.S. Customs Service of certain bows upon entry from the People’s Republic of China under either heading 3926 of the Harmonized Tariff Schedule of the United States (“HTSUS”) as “other articles of plastics” or heading 6307 as “other made up [textile] articles”, dutiable at 5.3 or 7 percent ad valorem, respectively. Plaintiffs complaint is that that merchandise more appropriately landed under HTSUS…

2Cases cited10 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Skoros v. City of New YorkCourt of Appeals for the Second Circuit · 2006
  3. United States v. Carborundum Co.Court of Customs and Patent Appeals · 1976
  4. Park B. Smith, Ltd., Plaintiff-Cross v. United StatesCourt of Appeals for the Federal Circuit · 2003
  5. Rollerblade, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 2002

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