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LEN-RON MFG. CO., INC. v. U.S.

Slip Op. 00-116, Court Nos. 94-08-00488.

118 F.Supp.2d 1266 (2000)

LEN-RON MANUFACTURING CO., INC., et al., Plaintiffs, v. UNITED STATES, Defendant.

United States Court of International Trade.

September 1, 2000.

Attorney(s) appearing for the Case

Soller, Shayne & Horn (William C. Shayne and Margaret Hardy Sachter), New York, New York, for plaintiffs, of counsel.

David W. Ogden, Assistant Attorney General of the United States; Joseph I. Liebman, Attorney in Charge, International Trade Field Office, Commercial Litigation Branch, Civil Division, United States Department of Justice (Mikki Graves Walser); Chi S. Choy, Office of the Assistant Chief Counsel, International Trade Litigation, United States Customs Service, for defendant, of counsel.

OPINION

CARMAN, Chief Judge.

Plaintiffs, Len-Ron Manufacturing Co., Inc., et al., (Len-Ron) move for partial summary judgment pursuant to U.S. CIT R. 56(a), contending they are entitled to judgment as a matter of law because the United States Customs Service (Customs) improperly classified the merchandise at issue under subheading 4202.92.45, Harmonized Tariff Schedule of the United States (HTSUS), as "Other ... With outer surface of sheeting of plastic...

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