INTERCONTINENTAL MARBLE CORP. v. U.S.

No. 03-1555.

381 F.3d 1169 (2004)

INTERCONTINENTAL MARBLE CORPORATION, Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

August 25, 2004.


Attorney(s) appearing for the Case

Alexander D. Chinoy, Miller & Chevalier Chartered, of Washington, DC, argued for plaintiff-appellee. With him on the brief were Richard H. Abbey and Joel W. Rogers.

Harry A. Valetk, Attorney, Commercial Litigation Branch, Civil Division, International Trade Field Office, United States Department of Justice, of New York, NY, argued for defendant-appellant. With him on the brief were Peter D. Keisler, Assistant Attorney General and David M. Cohen, Director, of Washington, DC; and Barbara S. Williams, Attorney in Charge, International Trade Field Office, of New York, NY. Of counsel on the brief was Chi S. Choy, United States Customs & Border Protection, of New York, NY.

Before LOURIE, GAJARSA, and PROST, Circuit Judges.


GAJARSA, Circuit Judge.

The United States (the "government") appeals from the final decision of the United States Court of International Trade granting summary judgment in favor of Intercontinental Marble ("ICM"), thereby reversing the classification by the United States Bureau of Customs and Border Protection ("Customs") of certain merchandise imported by ICM. Intercont'l Marble Corp. v. United States,

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