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VAN DALE INDUSTRIES v. U.S.

No. 94-1353.

50 F.3d 1012 (1995)

VAN DALE INDUSTRIES, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

March 17, 1995.

Attorney(s) appearing for the Case

Steven P. Florsheim, Grunfeld, DeSiderio, Lebowitz & Silverman, New York City, argued, for plaintiff-appellant.

Barbara Silver Williams, Attorney in Charge, Intern. Trade Field Office, Dept. of Justice, New York City, argued, for defendant-appellee. Frank W. Hunger, Asst. Atty. Gen., David M. Cohen, Director, Joseph I. Liebman, and Susan Bennett Mansfield, Sr. Trial Counsel, Dept. of Justice, New York City, were on the brief, for defendant-appellee.

Before MICHEL and LOURIE, Circuit Judges, and SMITH, Senior Circuit Judge.

MICHEL, Circuit Judge.

Van Dale Industries (Van Dale) appeals the April 1, 1994 decision of the Court of International Trade, slip opinion 94-54, granting summary judgment affirming the United States Customs Service classification under subheading 6109.10.00 of the Harmonized Tariff Schedule of the United States (HTSUS) of merchandise imported by Van Dale. Because Van Dale has not shown the female undershirts to not fit that classification or to better fit another...

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