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FRANKLIN v. U.S.

No. 01-1340.

289 F.3d 753 (2002)

Arthur L. FRANKLIN (doing business as Health Technologies Network), Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

April 26, 2002.

Attorney(s) appearing for the Case

Mark T. Coberly, Vanderventer Black LLP, of Norfolk, VA, argued for plaintiff-appellant.

Arthur J. Gribbin, Attorney, International Trade Field Office, Department of Justice, of New York, NY, argued for defendant-appellee. With him on the brief were Robert D. McCallum, Jr., Assistant Attorney General; David M. Cohen, Commercial Litigation Branch, Department of Justice, of Washington, DC; and Joseph I. Liebman, former Attorney in Charge, International Trade Field Office; and Aimee Lee, Attorney, Civil Division, Commercial Litigation Branch, Department of Justice, of New York, NY. Of counsel on the brief was Beth C. Brotman, Attorney, Office of Assistant Chief Counsel, International Trade Litigation, United States Customs Service, of New York, NY. Of counsel was John J. Mahon, International Trade Field Office.

Before LOURIE, GAJARSA, and PROST, Circuit Judges.

PROST, Circuit Judge.

Arthur L. Franklin d/b/a Health Technologies Network ("Franklin") appeals from the decision of the United States Court of International Trade denying Franklin's motion for summary judgment and granting the government's cross-motion for summary judgment that the United States Customs Service ("Customs") properly classified Franklin's imported coral sand packets under subheading 2106.90.99 of the Harmonized Tariff Schedule of the United States...

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