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WESTERN STATES IMPORT CO., INC. v. U.S.

Slip Op. 96-96. Court No. 93-09-00652.

932 F.Supp. 1483 (1996)

WESTERN STATES IMPORT CO., INC., Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

June 14, 1996.

Attorney(s) appearing for the Case

Jenner & Block, Washington, DC (Brock R. Landry, John B. Morris, Jr. and Mark D. Harris), for plaintiff.

Frank W. Hunger, Assistant Attorney General, Washington, DC; Joseph I. Liebman, Attorney in Charge, International Trade Field Office, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, New York City (James A. Curley), Washington, DC; Office of the Assistant Chief Counsel, U.S. Customs Service (Chi S. Choy), New York City, of counsel, for defendant.

Collier, Shannon, Rill & Scott, Washington, DC (Michael R. Kershow and John B. Brew), for the Bicycle Manufacturers Association of America, Inc., amicus curiae.

Opinion

AQUILINO, Judge:

In this action, which has been designated a test case pursuant to CIT Rule 84(b), the plaintiff contests classification of its merchandise by the U.S. Customs Service under subheading 8712.00.35 of the Harmonized Tariff Schedule of the United States ("HTS") ("Bicycles having both wheels exceeding 63.5 cm in diameter: Other"), contending that its cycles with such wheels are correctly classifiable under immediately preceding...

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