RUSS BERRIE & CO., INC. v. U.S.

No. 04-1084.

381 F.3d 1334 (2004)

RUSS BERRIE & COMPANY, INC., Plaintiff-Appellee, v. The UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

August 27, 2004.


Attorney(s) appearing for the Case

Joel K. Simon, Serko & Simon LLP, of New York, NY, argued for plaintiff-appellee. With him on the brief was Despina Keegan.

Mikki Graves Walser, Attorney, International Trade Field Office, Commercial Litigation Branch, Civil Division, United States Department of Justice, of New York, NY, argued for defendant-appellant. With her on the brief were Peter D. Keisler, Assistant Attorney General; David M. Cohen, Director, Commercial Litigation Branch, Civil Division, of Washington, DC; and Barbara S. Williams, Attorney in Charge, International Trade Field Office. Of counsel on the brief was Beth C. Brotman, Chief Counsel, U.S. Customs and Border Protection, of New York, NY.

Before MAYER, Chief Judge, FRIEDMAN, Senior Circuit Judge, and LINN, Circuit Judge.


FRIEDMAN, Senior Circuit Judge.

The issue in this customs case is whether jewelry reflecting Christmas and Halloween themes is properly classified as "imitation jewelry" under heading 7117 of the Harmonized Tariff Schedules of the United States ("Schedules"), as the U.S. Customs and Border Protection ("Customs") classified the imports, or as "[f]estive ... articles" under heading 9505, as the Court of International Trade...

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