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

No. 90-1295.

921 F.2d 1263 (1990)

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

United States Court of Appeals, Federal Circuit.

December 18, 1990.

Attorney(s) appearing for the Case

Eugene L. Stewart, Stewart & Stewart, Washington, D.C., argued for plaintiff-appellant. With him on the brief were Terence P. Stewart and Charles A. St. Charles. Also on the brief was Arthur Smith, Sr. Atty., Libbey Glass, Toledo, Ohio, of counsel.

Barbara M. Epstein, Dept. of Justice, New York City, argued for defendant-appellee. With her on the brief were Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director and Joseph I. Liebman, Atty. in Charge, Intern. Trade Field Office.

David O. Elliott, Barnes, Richardson & Colburn, New York City, argued for party-in-interest/appellee. With him on the brief was Sandra Liss Friedman.

Before RICH, MAYER and MICHEL, Circuit Judges.

MICHEL, Circuit Judge.

Libbey Glass appeals the February 13, 1990 judgment of the United States Court of International Trade dismissing its suit to reclassify items of beverageware manufactured and imported by J.G. Durand International. Libbey Glass v. United States, 736 F.Supp. 277 (Ct.Int'l Trade 1990). Because the court correctly construed and applied the tariff term "toughened (specially tempered)" to the imported glassware...

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