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BAKELITE THERMOSETS, LTD. v. U.S.

No. 90-1499.

926 F.2d 1145 (1991)

BAKELITE THERMOSETS, LTD., Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

February 21, 1991.

Attorney(s) appearing for the Case

James S. O'Kelly, Barnes, Richardson & Colburn, New York City, argued, for plaintiff-appellant. With him on the brief, was Sandra Liss Friedman.

Saul Davis, Trial Atty., Commercial Litigation Branch, Dept. of Justice, New York City, argued, for defendant-appellee. With him 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. Also on the brief, was Edward N. Maurer, U.S. Customs Service, of counsel.

Before MAYER and CLEVENGER, Circuit Judges, and SKELTON, Senior Circuit Judge.

CLEVENGER, Circuit Judge.

Bakelite Thermosets, Ltd. (Bakelite) appeals, pursuant to 28 U.S.C. § 1295(a)(5) (1988), from a judgment of the United States Court of International Trade sustaining a Customs Service determination that its imported asphalt emulsion is not classifiable as "Asphaltum, bitumen, and limestone-rock asphalt" under item 521.11 of the Tariff Schedules of the United States (TSUS). Bakelite Thermosets, Ltd. v. United States,

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