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INNER SECRETS/SECRETLY YOURS, INC. v. U.S.

Court No. 95-01-00044. Slip Op. No. 95-60.

885 F.Supp. 248 (1995)

INNER SECRETS/SECRETLY YOURS, INC., Plaintiff, v. UNITED STATES of America, et al., Defendants.

United States Court of International Trade.

April 10, 1995.

Attorney(s) appearing for the Case

Ross & Hardies, Washington, DC (Steven P. Kersner, Roger Banks, Evelyn Suarez and Stephen M. DeLuca), for plaintiff.

Grunfeld, Desiderio, Lebowitz & Silverman, New York City (Steven P. Florsheim), Jacalyn E.S. Bennett & Co., amicus curiae in support of plaintiff.

Frank W. Hunger, Asst. Atty. Gen.; Joseph I. Liebman, Atty. in Charge, Intern. Trade Field Office, Commercial Litigation Branch, Civ. Div., U.S. Dept. of Justice (Barbara Silver Williams); Karen P. Binder, Gen. Atty., Office of Asst. Chief Counsel, Intern. Trade Litigation, U.S. Customs Service, Washington, DC, of counsel, for defendants.

OPINION

TSOUCALAS, Judge:

This action comes before the Court after trial de novo on March 1, 1995. Plaintiff, Inner Secrets/Secretly Yours, Inc. ("Inner Secrets" or "Secretly Yours"), challenges the United States Customs Service's ("Customs") classification of plaintiff's merchandise in entry numbers 523-0246820-3, 523-0249962-0 and 523-0246885-6.

This case concerns women's woven cotton boxer-style shorts ("boxers"). The heart of the dispute...

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