JARVIS CLARK CO. v. UNITED STATES

Appeal No. 83-1106.

733 F.2d 873 (1984)

JARVIS CLARK CO., Plaintiff/Appellant, v. UNITED STATES, Defendant/Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied July 17, 1984.


Attorney(s) appearing for the Case

Edward N. Glad, Los Angeles, Cal., for appellant.

Michael P. Maxwell, New York City, for appellee. With him on brief were J. Paul McGrath, Asst. Atty. Gen., David M. Cohen, Washington, D.C., Director and Joseph I. Liebman, New York City, Atty. in Charge, International Trade Field Office.

Before KASHIWA and SMITH, Circuit Judges, and WISDOM, Senior Circuit Judge.


WISDOM, Senior Circuit Judge.

We consider here the proper judicial procedure for resolving an importer's complaint that the Customs Service has improperly classified its merchandise. We hold that the Court of International Trade is required to decide the correctness not only of the importer's proposed classification but of the government's classification as well. Because the trial court did not do so, we reverse and remand.

I.

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