Asta Designs, Inc. v. United States

Memorandum Opinion and Order

Carman, Judge:

The plaintiff, Asta Designs, Inc., has moved for summary judgment pursuant to Rule 56. Plaintiff asks the Court to find that its imported merchandise is properly classifiable under item 654.02 of the Tariff Schedules of the United States (TSUS), rather than under item 653.75 (TSUS). Because the case raises material issues of fact, the Court cannot say as a matter of law that plaintiff’s merchandise is not classifiable under item 653.75 (TSUS). Plaintiff’s motion is therefore denied.

Background

Plaintiff imports enameled cooking and kitchen ware,…