LIBBEY GLASS, DIV. OF OWENS-ILLINOIS, INC. v. U.S.

Court No. 84-03-00410.

736 F.Supp. 277 (1990)

LIBBEY GLASS, DIVISION OF OWENS-ILLINOIS, INC., Plaintiff, v. UNITED STATES, Defendant, and J.G. Durand International, Party-in-Interest.

United States Court of, International Trade.

February 13, 1990.


Attorney(s) appearing for the Case

Stewart and Stewart, Eugene L. Stewart, Terence P. Stewart, Charles A. St. Charles and Wesley K. Caine (Arthur Smith, Sr. Atty., Libbey Glass Div. of Owens-Illinois, Inc., of counsel), for plaintiff.

Stuart M. Gerson, Asst. Atty. Gen., Joseph I. Liebman, Atty. in Charge, Intern. Trade Field Office, Commercial Litigation Branch, U.S. Dept. of Justice, Barbara M. Epstein, for defendant.

Barnes, Richardson & Colburn, David O. Elliott, Karin M. Burke and Sandra Liss Friedman, for party-in-interest.


OPINION

AQUILINO, Judge.

This action, brought pursuant to 28 U.S.C. § 1581(b) and § 2631(b), challenges that part of T.D. 83-154, 17 Cust. B. & Dec. 332, 340 (1983), which denied a petition by the plaintiff domestic manufacturer of glass beverageware to reclassify under items 546.52 through 546.68 of the Tariff Schedules of the United States (TSUS) "Artic Stemware" and "Artic Tumblers" imported from France.

The stemware entered sub...

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