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MAPLE LEAF FISH CO. v. UNITED STATES

Appeal No. 85-534.

762 F.2d 86 (1985)

MAPLE LEAF FISH CO., Appellant, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

May 8, 1985.

Attorney(s) appearing for the Case

David O. Elliott, Barnes, Richardson & Colburn, New York City, for appellant.

Michael P. Maxwell, Commercial Litigation Branch, Dept. of Justice, New York City, for appellee. With him on the brief were Richard K. Willard, Acting Asst. Atty. Gen., David M. Cohen, Director, Washington, D.C., and Joseph I. Liebman, Atty. in Charge, Intern. Trade Field Office, New York City.

Before RICH and DAVIS, Circuit Judges, and COWEN, Senior Circuit Judge.

DAVIS, Circuit Judge.

This "escape clause" case brings to us the narrow question whether frozen mushrooms were properly included in determinations by the International Trade Commission (ITC) and the President in imposing additional duties on "mushrooms, prepared and preserved" provided for in item 144.20 of the Tariff Schedules of the United States (TSUS). The Court of International Trade (Carman, J.) ruled that they were so included. Maple Leaf Fish Co...

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