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ANVAL NYBY POWDER AB v. U.S.

No. 96-1438.

157 F.3d 846 (1998)

ANVAL NYBY POWDER AB, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied October 28, 1998.

Attorney(s) appearing for the Case

Jerry P. Wiskin, Simons & Wiskin, of New York City, argued for plaintiff-appellant. With him on the brief were Philip Y. Simons and Michelle D. Mancias.

Amy M. Rubin, Trial Attorney, Civil Division, Commercial Litigation Branch, International Trade Field Office, U.S. Department of Justice, of New York City, argued for defendant-appellee. With her on the brief were Frank W. Hunger, Assistant Attorney General and David M. Cohen, Director, U.S. Department of Justice, of Washington, DC; and Joseph I. Liebman, Attorney in Charge, International Trade Field Office. Of counsel on the brief was Myron P. Barlow, Attorney, Office of Assistant Chief Counsel, International Trade Litigation, United States Customs Service, New York City.

Before RICH, Circuit Judge, SMITH, Senior Circuit Judge, and NEWMAN, Circuit Judge.

EDWARD S. SMITH, Senior Circuit Judge.

Anval NYBY Powder AB ("Anval") appeals the May 21, 1996 decision of the United States Court of International Trade, Slip op. 95-161, granting summary judgment for the United States and upholding a customs classification of cobalt alloy powders as "unwrought cobalt" under the Harmonized Trade Schedules of the United States ("HTSUS"). We affirm.

Background

This case involves the proper tariff classification...

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