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HEMSCHEIDT CORP. v. U.S.

No. 94-1511.

72 F.3d 868 (1995)

HEMSCHEIDT CORPORATION, Plaintiff-Appellee, v. The UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

December 18, 1995.

Attorney(s) appearing for the Case

Robert T. Wray, Robert Wray Associates, Washington, DC, argued for plaintiff-appellee.

James A. Curley, Commercial Litigation Branch, Department of Justice, New York City, argued for defendant-appellant. With him on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director and Joseph I. Liebman, Attorney in Charge. Also on the brief was Jacob D. Diamond, Office of the Assistant Chief Counsel, International Trade Litigation, U.S. Customs Service, New York City, of counsel.

Before NEWMAN, CLEVENGER, and BRYSON, Circuit Judges.

CLEVENGER, Circuit Judge.

The United States appeals from the decision of the United States Court of International Trade granting Hemscheidt Corporation's (Hemscheidt) motion for summary judgment, and holding that the change in the classification under which duties for Hemscheidt's imports are levied was not effective because Customs failed to provide notice as required by 19 U.S.C. § 1315(d) (1994). We affirm.

I

Hemscheidt imports self-propelled...

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