ROLLERBLADE, INC. v. U.S.

No. 96-1397.

112 F.3d 481 (1997)

ROLLERBLADE, INC., Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

April 24, 1997.


Attorney(s) appearing for the Case

Amy M. Rubin, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, International Trade Field Office, New York City, argued, for defendant-appellant. With her on the brief was Joseph I. Liebman, Attorney in Charge. Also with her on the brief were Frank W. Hunger, Assistant Attorney General, and David M. Cohen, Director, Department of Justice, Washington, D.C. Of counsel on the brief was Mark G. Nackman, International Trade Field Office, of New York City.

Robert Torresen, Jr., Powell, Goldstein, Frazer & Murphy, Washington, D.C., argued, for plaintiff-appellee. With him on the brief were Richard M. Belanger and Todd J. Friedbacher.

Before RICH, CLEVENGER, and BRYSON, Circuit Judges.


CLEVENGER, Circuit Judge.

The United States appeals from the judgment of the United States Court of International Trade holding that the Customs Service (Customs) incorrectly classified the imported items at issue and ordering Customs to refund excess duties with interest to the importer, Rollerblade, Inc. (Rollerblade). We reverse because the items are properly classified as footwear and are not classifiable as parts of roller skates as the Court of International...

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