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JEWELPAK CORP. v. U.S.

No. 01-1300.

297 F.3d 1326 (2002)

JEWELPAK CORP., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: July 16, 2002.

Attorney(s) appearing for the Case

Peter J. Fitch, Fitch, King and Caffentzis, of New York, NY, argued for plaintiff-appellant. With him on the brief was James Caffentzis.

Barbara S. Williams, Attorney, International Trade Field Office, Department of Justice, of New York, NY, argued for defendant-appellee. With her on the brief were Robert D. McCallum, Jr., Assistant Attorney General; David M. Cohen, Director, Civil Division, Commercial Litigation Branch, Department of Justice, of Washington, DC.

Before MICHEL, GAJARSA, and DYK, Circuit Judges.

Opinion for the court filed by Circuit Judge MICHEL. Dissenting opinion filed by Circuit Judge GAJARSA.

MICHEL, Circuit Judge.

This appeal involves a decision by the United States Customs Service ("Customs") to reclassify appellant Jewelpak Corporation's ("Jewelpak") so-called "presentation boxes" as "jewelry boxes" under subheading 4202.92.90 of the Harmonized Tariff Schedule of the United States ("HTSUS"). Following a two-day bench trial, the United States...

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