HEARTLAND BY-PRODUCTS, INC., Plaintiff-Appellee,
v.
UNITED STATES, Defendant-Appellant.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
June 10, 2009.
June 10, 2009.
Attorney(s) appearing for the Case
Stanley McDermott, III, DLA Piper U.S. LLP, of New York, NY, argued for plaintiff-appellee. Of counsel on the brief were Daniel J. Gluck and Robert M. Klingon, Simon Gluck & Kane LLP, of New York, NY.
Aimee Lee, Trial Attorney, International Trade Field Office, Civil Division, United States Department of Justice, of New York, NY, argued for defendant-appellant. With her on the brief were Jeanne E. Davidson, Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC. Of counsel on the brief was Yelena Slepak, Attorney, Office of Assistant Chief Counsel, United States Customs & Border Protection, of New York, NY. Of counsel was Karen P. Binder, Attorney, Office of Assistant Chief Counsel, International Trade Litigation, United States Customs and Border Protection, of New York, NY.
Before GAJARSA, CLEVENGER, and DYK, Circuit Judges.
United States Court of Appeals, Federal Circuit.
DYK, Circuit Judge.
This case primarily presents the question whether our customs duty classification decision in Heartland By-Products,Inc. v. United States,264 F.3d 1126 (Fed. Cir.2001) ("Heartland II") must be treated by the Court of International Trade as retroactive as to entries made before our Heartland II decision. We hold that the Court of International...
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