Witex U.S.A., Inc. v. United States

JUDGMENT

DONALD C. POGUE, Judge.

On September 25, 2009, the Court of Appeals for the Federal Circuit issued its mandate following its decision in Witex, U.S.A., Inc. v. United States, 333 Fed.Appx. 569 (Fed.Cir.2009), which, in turn, followed its decision in the companion case Faus Group, Inc. v. United States, 581 F.3d 1369 (Fed.Cir.2009). In Witex and Fans, the Court of Appeals reversed this court’s decision in Witex, U.S.A., Inc. v. United States, 28 CIT 1907, 353 F.Supp.2d 1310 (2004) — where this court sustained U.S. Customs and Border Protection’s (“Customs”) classification of Plaintiffs…