ITEM CO. v. U.S.

No. 95-1524.

98 F.3d 1294 (1996)

The ITEM COMPANY d/b/a Blue Ridge: The Item Company, Plaintiff-Appellee, v. The UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

October 11, 1996.


Attorney(s) appearing for the Case

J. Kevin Horgan, deKieffer, Dibble & Horgan, of Washington, D.C., argued for plaintiff-appellee.

Mikki Graves Walser, Commercial Litigation Branch, Civil Division, Department of Justice, International Trade Field Office, of New York City, argued for defendant-appellant. With her on the brief was Joseph I. Liebman, Attorney in Charge. Also on the brief were Frank W. Hunger, Assistant Attorney General, and David M. Cohen, Director, Department of Justice, of Washington, D.C. Of counsel on the brief was Beth C. Brotman, Office of Assistant Chief Counsel, International Trade Litigation, United States Customs Service, of New York City.

Before RICH, CLEVENGER, and RADER, Circuit Judges.


RICH, Circuit Judge.

Defendant-appellant the United States (government) appeals a judgment of the Court of International Trade (CIT), holding that plaintiff-appellee The Item Company, d/b/a/ Blue Ridge: The Item Company's (Blue Ridge's) TV remote control caddies, which are known commercially as TV Companions, are correctly classified under subheading 6307.90.9989 of the 1995 Harmonized Trade Schedule of the United States (HTSUS) as other made up textile articles,...

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