PARK B. SMITH, LTD. v. U.S.

Nos. 01-1578, 01-1586.

347 F.3d 922 (2003)

PARK B. SMITH, LTD., Plaintiff-Cross Appellant, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Decided: October 21, 2003.


Attorney(s) appearing for the Case

Christopher E. Pey, Coudert Brothers LLP, of New York, New York, argued for plaintiff-cross appellant. With him on the brief were Steven H. Becker and Scott D. Shauf. Of counsel was Robert L. Eisen.

Mikki Graves Walser, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of New York, New York, argued for defendant-appellant. With her on the brief was David M. Cohen, Director; of Washington, DC. Of counsel was John J. Mahon, Attorney. Also of counsel was Sheryl A. French, Office of Assistant Chief Counsel, International Trade Litigation, U.S. Customs Service, of New York, New York.

Alan Goggins, Barnes, Richardson & Colburn, of New York, New York, for Amici Curiae British Ceramic Gift & Tableware Manufacturers' Association, and Verband der Keramischen Industrie e.V. Of counsel on the brief were Gunter von Conrad and Kevin J. Sullivan.

Before NEWMAN, LOURIE, and DYK, Circuit Judges.


PAULINE NEWMAN, Circuit Judge.

The government appeals the decision of the United States Court of International Trade, holding that certain imported goods are prima facie classifiable as Festive Articles under Heading 9505 of the Harmonized Tariff Schedules of the United States (HTSUS).1 Park B. Smith, Ltd. (PBS) cross appeals the decision that three of the imported articles are not classifiable as Festive Articles. We affirm the court...

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