JAZZ PHOTO CORP. v. U.S.

Slip Op. 04-146, Court No. 04-00494.

353 F.Supp.2d 1327 (2004)

JAZZ PHOTO CORPORATION, Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

November 17, 2004.


Attorney(s) appearing for the Case

Neville Peterson LLP, New York, NY, (John M. Peterson, George W. Thompson, Curtis W. Knauss, Maria E. Celis and Catherine Chess Chen) for plaintiff.

Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, Patricia M. McCarthy, Assistant Director, Stefan Shaibani and David S. Silverbrand, Trial Attorneys, Commercial Litigation Branch, Civil Division, United States Department of Justice; Beth Brotman and Paul Pizzeck, United States Customs and Border Protection, Department of Homeland Security, for defendant, of counsel.

Stroock & Stroock & Lavan LLP, New York, NY (Matthew W. Siegal and Lawrence Rosenthal) and Adduci, Mastriani & Schaumberg, L.L.P. (Harvey Fox and Will E. Leonard) for amicus curiae, Fuji Photo Film Co., Ltd.


OPINION

STANCEU, Judge.

Plaintiff Jazz Photo Corporation ("Jazz") is an importer of "lens-fitted film packages" ("LFFPs"), more commonly known as "disposable cameras," "single use cameras," or "one-time use cameras." In this case, Jazz contests the denial by U.S. Customs and Border Protection ("Customs") of its administrative protest, in which it challenged decisions made by Customs on September 24 and 26, 2004, to exclude from entry two shipments of Jazz...

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