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NISSHO IWAI AMERICAN CORP. v. U.S.

Slip Op. 97-69. Court No. 90-11-00584.

967 F.Supp. 517 (1997)

NISSHO IWAI AMERICAN CORPORATION, Nike, Inc., Plaintiffs, v. UNITED STATES, Defendant.

United States Court of International Trade.

May 30, 1997.

Attorney(s) appearing for the Case

Stein Shostak Shostak & O'Hara (James F. O'Hara) and Law Offices of Michael P. Maxwell (Michael P. Maxwell), Los Angeles, CA, for plaintiffs.

Frank W. Hunger, Assistant Attorney General, Washington, DC; Joseph I. Liebman, Attorney-in-Charge, International Trade Field Office, Commercial Litigation Branch, Civil Division, United States Department of Justice (Barbara M. Epstein, Barbara Silver Williams); United States Customs Service (Chi Choy, New York City, Office of Assistant Chief Counsel, International Trade Litigation), for defendant.

DECISION AND JUDGMENT ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

WATSON, Senior Judge.

This test case involves a tariff term in which footwear is described as having a "foxing-like band." As a result of the Government's decision that the fifteen models of athletic footwear at issue had "foxing-like bands," the importer could not enter them under subheadings 6402.91.40 and 6402.99.15 of the Harmonized Tariff Schedule of the United States (HTSUS). Under...

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