BOEN HARDWOOD FLOORING, INC. v. U.S.

No. 03-1287.

357 F.3d 1262 (2004)

BOEN HARDWOOD FLOORING, INC., Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

DECIDED: February 2, 2004.


Attorney(s) appearing for the Case

John J. Galvin, Galvin & Mlawski, of New York, NY, argued for plaintiff-appellee.

Barbara S. Williams, Attorney, Civil Division, Commercial Litigation Branch, United States Department of Justice, International Trade Field Office, of New York, New York, argued for defendant-appellant. With her on the brief were David M. Cohen, Director, United States Department of Justice, of Washington, DC; and John J. Mahon, Acting Attorney in Charge, International Trade Field Office, of New York, NY. Of counsel on the brief was Yelena Slepak, Attorney, Office of Assistant Chief Counsel, Bureau of Customs and Border Protection.

Before MAYER, Chief Judge, MICHEL and SCHALL, Circuit Judges.


MAYER, Chief Judge.

The United States Customs Service ("Customs") appeals the judgment of the Court of International Trade, which held that Boen Hardwood Flooring, Inc.'s ("Boen") imported hardwood flooring should not be classified under heading 4412 of the Harmonized Tariff Schedule of the United States ("HTSUS") as "plywood." Boen Hardwood Flooring, Inc. v. United States, 254 F.Supp.2d 1349 (Ct. Int'l Trade 2003)...

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