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McCORMICK & CO., INC. v. U.S.

Slip Op. 98-91. Court No. 96-02-00613.

15 F.Supp.2d 862 (1998)

McCORMICK & COMPANY, INCORPORATED, Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

July 1, 1998.

Attorney(s) appearing for the Case

White & Case LLP (Vincent Bowen), Washington, DC, for Plaintiff.

Frank W. Hunger, Assistant Attorney General; Joseph I. Liebman, Attorney in Charge, International Trade Field Office; Civil Division, Dept. of Justice, Commerce Litigation Branch (Mikki Graves Walser), and Office of Assistant Chief Counsel, International Trade Litigation, United States Customs Service (Beth C. Brotman), Washington, DC, for Defendant.

OPINION and ORDER

WATSON, Senior Judge.

This action is before the Court on cross-motions for summary judgment. It involves tomato powder, a product made by concentrating fresh tomatoes into paste and then spray-drying the paste into powder. It is plaintiff's claim that the product is covered by the terms of Subheading 0712.90.75 of the Harmonized Tariff Schedule of the United States ("HTSUS"), as tomatoes in powder form, not further prepared. The...

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