THE POMEROY COLLECTION, LTD. v. U.S.

No. 02-1565.

336 F.3d 1370 (2003)

THE POMEROY COLLECTION, LTD., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

July 25, 2003.


Attorney(s) appearing for the Case

Peter J. Fitch, Fitch, King and Caffentzis, of New York, NY, argued for plaintiff-appellant.

Bruce N. Stratvert, Attorney, Civil Division, Commercial Litigation Branch, 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., Associate Attorney General; David M. Cohen, Director, Department of Justice, of Washington, DC; and John J. Mahon, Acting Attorney in Charge, International Trade Field Office. Of counsel on the brief was Beth C. Brotman, Office of Assistant Chief Counsel, International Trade Litigation, United States Customs Service, of New York, NY.

Before MAYER, Chief Judge, BRYSON, and LINN, Circuit Judges.


MAYER, Chief Judge.

The Pomeroy Collection, Inc. ("Pomeroy") appeals the judgment of the Court of International Trade upholding the U.S. Customs Service's classification of its imports, "Medium Romano Floor Lamps Rustic," under subheading 7013.99.90 of the Harmonized Tariff Schedule of the United States ("HTSUS"). The Pomeroy Collection, Inc. v. United States, 246 F.Supp.2d 1286 (Ct. Int'l Trade 2002). Because Customs...

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