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BETTER HOME PLASTICS CORP. v. U.S.

No. 96-1322.

119 F.3d 969 (1997)

BETTER HOME PLASTICS CORPORATION, Plaintiff-Appellee, v. The UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

July 16, 1997.

Attorney(s) appearing for the Case

Peter J. Fitch, Fitch, King and Caffentzis, Monmouth Beach, NJ, argued, for plaintiff-appellee. Of counsel was James Caffentzis.

Saul Davis, Attorney, Civil Division, Department of Justice, International Trade Field Office, New York City, argued, for defendant-appellant. With him on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, Washington, DC, and Joseph I. Liebman, Attorney in Charge, International Trade Field Office. Of counsel on the brief was Karen P. Binder, Office of Assistant Chief Counsel, International Trade Litigation, U.S. Customs Service, New York City.

Before RICH, CLEVENGER, and BRYSON, Circuit Judges.

RICH, Circuit Judge.

This appeal is from a decision entered 9 February 1996 by the United States Court of International Trade on a stipulation of agreed facts in a customs classification case, No. 93-01-00065, involving inexpensive imported shower curtain sets. The court ordered Customs to set aside its classification of the sets and reclassify the sets as requested by the plaintiff. We affirm.

BACKGROUND

The shower curtain sets in question comprise...

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