AROMONT USA, INC. v. U.S.

No. 2011-1017.

671 F.3d 1310 (2012)

AROMONT USA, INC., Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

February 21, 2012.


Attorney(s) appearing for the Case

Brian A. Sher , Bryan Cave, LLP, of Chicago, Illinois, argued for plaintiff-appellee. Of counsel was Joshua J. Heidelman .

Marcella Powell , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of New York, New York, argued for defendant-appellant. With him on the brief were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director, of Washington, DC, and Barbara S. Williams , Attorney in charge, of New York, New York. Of counsel was Sheryl A. French , Office of Assistant Chief Counsel, United States Customs and Border Protection, of New York, New York.

Before DYK, PROST, and MOORE, Circuit Judges.


DYK, Circuit Judge.

The United States appeals the decision of the U.S. Court of International Trade ("Trade Court"). The Trade Court granted summary judgment in favor of Aromont USA, Inc. ("Aromont"), holding that the imported merchandise at issue was properly classifiable under subheading 2106.90.99 of the Harmonized Tariff Schedule of the United States ("HTSUS"). Aromont USA, Inc. v. United States ("Summary Judgment Decision"), No. 03-00354, 2010 WL...

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