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CELESTAIRE, INC. v. U.S.

No. 97-1005.

120 F.3d 1232 (1997)

CELESTAIRE, INC., Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

July 29, 1997.

Attorney(s) appearing for the Case

George R. Tuttle III, San Francisco, California, argued for plaintiff-appellant.

Mikki Graves Walser, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, New York City, argued for defendant-appellee. With her 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, New York City. Of counsel on the brief was Beth C. Brotman, Office of Assistant Chief Counsel, International Trade Litigation, U.S. Customs Service, New York City.

Before MICHEL, PLAGER, and CLEVENGER, Circuit Judges.

MICHEL, Circuit Judge.

Celestaire, Inc. ("Celestaire") appeals the order of the United States Court of International Trade granting summary judgment to the United States in Celestaire's challenge of the Customs Service's classification of imported marine sextants as "optical navigational instruments" (Harmonized Tariff Schedules of the United States ("HTSUS") subheading 9014.80.10), dutiable at 5.6% ad valorem, rather than as "other non-optical navigational instruments...

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