CLARENDON MARKETING, INC., Plaintiff-Appellee,
v.
The UNITED STATES, Defendant-Appellant.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
May 22, 1998.
May 22, 1998.
Attorney(s) appearing for the Case
David P. Langlois, Piper & Marbury, L.L.P., New York City, argued for plaintiff-appellee. With him on the brief was John L. Moore, Jr.
Mikki Graves Walser, Civil Division, Commercial Litigation Branch, Department of Justice, International Trade Field Office, New York City, argued for defendant-appellant. With her on the brief were Frank W. Hunger, Assistant Attorney General, and David M. Cohen, Director, Washington, DC, and Joseph I. Liebman, Attorney in Charge, International Trade Field Office. Of counsel on the brief was Edward N. Maurer, Office of Assistant Chief Counsel, International Trade Litigation, U.S. Customs Service, New York City.
Milton B. Whitfield, Shaw, Pittman, Potts & Trowbridge, Washington, DC, for amici curiae Aectra Refining & Marketing, Inc. and ITOCHU International, Inc. Of counsel was Imad D. Abyad.
Before PLAGER, RADER, and BRYSON, Circuit Judges.
United States Court of Appeals, Federal Circuit.
PLAGER, Circuit Judge.
This case presents us with a sticky question of statutory construction, one of first impression, regarding the tariff classification of imports of certain petroleum products. The merchandise falls within the accepted definition of "naphthas," but is also suitable and commonly used as a motor fuel blending stock. The constructional question is whether the merchandise should be classified under the tariff...
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