HEARTLAND BY-PRODUCTS, INC. v. U.S.

Nos. 00-1287, 00-1289.

264 F.3d 1126 (2001)

HEARTLAND BY-PRODUCTS, INC., Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant, and United States Beet Sugar Association, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

August 30, 2001.


Attorney(s) appearing for the Case

Simeon M. Kriesberg, Mayer, Brown & Platt, of Washington, DC, argued for plaintiff-appellee. With him on the brief were Kathryn Schaefer and Andrew A. Nicely. Of counsel on the brief were David Serko, Daniel J. Gluck, and Jerome L. Hanifin, Serko & Simon LLP, of New York, NY.

Aimee Lee, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of New York, NY, argued for defendant-appellant United States. With her on the brief were David M. Cohen, Director, Department of Justice, of Washington, DC; and Joseph I. Liebman, Attorney in Charge, International Trade Field Office, of New York, NY. Of counsel on the brief were Karen P. Binder, Assistant Chief Counsel; International Trade Litigation; and Yelena Slepak, Office of Assistant Chief Counsel, U.S. Customs Service, of New York, NY. Also of counsel on the brief were Allan Martin, Associate Chief Counsel; and Ellen Daly, Office of Chief Counsel, U.S. Customs Service, of Washington, DC.

Lewis J. Liman, Wilmer, Cutler & Pickering, of New York, NY, argued for defendant-appellant United States Beet Sugar Association. Of counsel on the brief were Amber L. Cottle, and Deirdre A. McDonnell, Wilmer, Cutler & Pickering, of Washington, DC.

Barry Nemmers, Member of the Board of Directors, American Association of Exporters and Importers, for amicus curiae American Association of Exporters and Importers.

Daniel J. Plaine, Gibson, Dunn & Crutcher LLP, of Washington, DC, for amici curiae Florida Crystals Corporation, et al.

Robert W. Johnson II, Johnson, Rogers & Clifton, L.L.P., of Washington, DC, for amicus curiae International Sugar Policy Coordinating Commission of the Dominican Republic.

Peter Buck Feller, McKenna & Cuneo, L.L.P., of Washington, DC, for amicus curiae Sweetner Users Association. With him on the brief was Kurt J. Hamrock.

Before NEWMAN, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and SCHALL, Circuit Judge.


SCHALL, Circuit Judge.

The United States and the United States Beet Sugar Association (collectively, "Appellants") appeal the decision of the United States Court of International Trade in favor of Heartland By-Products, Inc. ("Heartland") that declared that the classification of Heartland's sugar syrup by the United States Customs Service ("Customs") under subheadings 1702.90.10/20 of the Harmonized Tariff Schedule of the United States ("HTSUS") was unlawful and that...

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