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SIGMA-TAU HEALTHSCIENCE, INC. v. U.S.

2016-1125.

838 F.3d 1272 (2016)

SIGMA-TAU HEALTHSCIENCE, INC., aka Sigma-Tau HealthScience, LLC, Plaintiff-Appellant v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: September 26, 2016.

Attorney(s) appearing for the Case

JOHN C. MONICA, JR. , Porter Wright Morris & Arthur, Washington, DC, argued for Plaintiff-Appellant. Also represented by LESLIE ALAN GLICK , CHRISTOPHER YOOK.

ALEXANDER J. VANDERWEIDE , Commercial Litigation Branch, Civil Division, United States Department of Justice, New York, NY, argued for Defendant-Appellee. Also represented by AMY M. RUBIN ; BENJAMIN C. MIZER , JEANNE E. DAVIDSON , Washington, DC; YELENA SLEPAK , Office of Assistant Chief Counsel, U.S. Customs and Border Protection, United States Department of Homeland Security, New York, NY.

Before NEWMAN, DYK, and REYNA, Circuit Judges.

This Customs case concerns the classification of two chemical products, both stabilized forms of the compound carnitine, which were imported into the United States by Sigma-Tau HealthScience, Inc., a.k.a. Sigma-Tau HealthScience, LLC ("Sigma-Tau"). United States Customs and Border Protection ("Customs" or "the government") initially...

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