RUSS BERRIE & CO., INC. v. U.S.

SLIP OP. 03-122. Court No. 00-00018.

281 F.Supp.2d 1351 (2003)

RUSS BERRIE & COMPANY, INC., Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

September 17, 2003.


Attorney(s) appearing for the Case

Serko & Simon, LLP, New York City (Joel Kenneth Simon and Despina Keegan) for plaintiff Russ Berrie & Company, Inc.

Peter D. Keisler, Assistant Attorney General, John J. Mahon, Acting Attorney in Charge, International Trade Field Office, Commercial Litigation Branch, Civil Division, United States Department of Justice (Mikki Graves Walser); Office of the Assistant Chief Counsel, International Trade Litigation, United States Bureau of Customs and Border Protection (Beth C. Brotman), for defendant United States, of counsel.


OPINION

GOLDBERG, Senior Judge.

This matter is before the Court on plaintiff's motion for summary judgment and defendant's cross-motion motion for summary judgment pursuant to USCIT R. 56. It involves the proper classification of earrings and pins portraying motifs associated with Christmas and Halloween. The case requires the Court to interpret the scope of the term "festive articles" as it appears in heading 9505 of the Harmonized Tariff Schedules...

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