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WESTERN STATES IMPORT CO., INC. v. U.S.

No. 96-1531.

154 F.3d 1380 (1998)

WESTERN STATES IMPORT CO., INC., Plaintiff-Appellant, v. THE UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

September 11, 1998.

Attorney(s) appearing for the Case

Brock R. Landry, Venable, Baetjer, Howard & Civiletti, LLP, Washington, DC, argued for plaintiff-appellant.

James A. Curley, Civil Division, Commercial Litigation Branch, International Trade Field Office, U.S. Department of Justice, New York City, argued for defendant-appellee. With him on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, U.S. Department of Justice, Washington, DC; and Joseph I. Liebman, Attorney in Charge, International Trade Field Office.

Michael R. Kershow, Collier, Shannon, Rill & Scott, PLLC, Washington, DC, for amicus curiae Bicycle Manufacturers Association of America, Inc. Of counsel on the brief was John B. Brew.

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

EDWARD S. SMITH, Senior Circuit Judge.

Western States Import Company appeals the decision of the U.S. Court of International Trade upholding U.S. Customs' classification of certain "cross" bicycles under HTSUS 8712.00.25. Western States Import Co. v. United States, 932 F.Supp. 1483, 18 ITRD 1826 (Ct. Int'l Trade 1996). Because the Court of International Trade properly adjudged Customs' classification, we affirm.

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