Legal Opinion

Arko Foods International, Inc. v. United States

Court of Appeals for the Federal Circuit

Decided August 11, 2011No. 2010-1211PublishedCited by 30 opinions

1Opinion of the Court

MOORE, Circuit Judge.

The government appeals the United States Court of International Trade’s grant of summary judgment that mellorine is not properly classified as an article of milk under the Harmonized Tariff Schedule of the United States (HTSUS). For the reasons described below, we affirm the trial court’s decision.

Background

The imported product at issue in this case is mellorine, a frozen dessert similar to ice cream, but with vegetable or animal fat substituted for at least some of the butterfat. Arko Foods International, Inc. (Arko) imports six flavors of mellorine relevant to this…

2Cases cited9 opinions

  1. North American Processing Company v. United StatesCourt of Appeals for the Federal Circuit · 2001
  2. Millenium Lumber Distribution Ltd. v. United StatesCourt of Appeals for the Federal Circuit · 2009
  3. Pillowtex Corporation v. United StatesCourt of Appeals for the Federal Circuit · 1999
  4. Home Depot U.S.A., Inc. v. United StatesCourt of Appeals for the Federal Circuit · 2007
  5. Airflow Technology, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 2008

4 more not listed; retrieve them via the Exa API.

3Cited by30 opinions

  1. Deckers Outdoor Corp. v. United StatesCourt of Appeals for the Federal Circuit · 2013
  2. Link Snacks, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 2014
  3. Grk Canada, Ltd. v. United StatesCourt of Appeals for the Federal Circuit · 2014
  4. Seven Resorts, Inc. v. United StatesUnited States Court of Federal Claims · 2013
  5. Albemarle Corporation & Subsidiaries v. United StatesUnited States Court of Federal Claims · 2014

25 more not listed; retrieve them via the Exa API.

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