AVENUES IN LEATHER, INC. v. U.S.

No. 02-1239.

317 F.3d 1399 (2003)

AVENUES IN LEATHER, INC., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

January 29, 2003.


Attorney(s) appearing for the Case

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

Amy M. Rubin, Attorney, Civil Division, 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; and David M. Cohen, Director, Commercial Litigation Branch, Department of Justice, of Washington, DC; and John J. Mahon, Acting Attorney in Charge, Civil Division, International Trade Field Office, of New York, NY. Of counsel on the brief was Karen P. Binder, Assistant Chief Counsel, International Trade Litigation, U.S. Customs Service, of New York, NY.

Before CLEVENGER, SCHALL and LINN, Circuit Judges.


CLEVENGER, Circuit Judge.

Avenues in Leather, Inc. ("Avenues") appeals the Court of International Trade's grant of summary judgment upholding the tariff classification and rate of duty imposed by the United States Customs Service on certain imported folio merchandise. Because the Court of International Trade applied the wrong legal standard in its evaluation of the motion and improperly estopped Avenues from litigating the...

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