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WITEX, U.S.A., INC. v. U.S.

Court No. 98-00360, Slip Op. 05-18.

360 F.Supp.2d 1327 (2005)

WITEX, U.S.A., INC., et al., Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

February 7, 2005.

Attorney(s) appearing for the Case

Aitken Irvin Berlin & Vrooman, LLP (Bruce Aitken, Bruce de Grazia, and Virginie Lecaillon (consultant)), Washington, DC, for Plaintiff Witex U.S.A., Inc.

Neville Peterson LLP (Maria E. Celis and John M. Peterson), Washington, DC, for Amicus Curiae in support of Witex U.S.A, Inc., et al., Congoleum Corporation.

Peter D. Keisler, Assistant Attorney General, Barbara S. Williams, Attorney in Charge, International Trade Field Office, Amy M. Rubin, Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, Yelena Slepak, Attorney, Office of Assistant Chief Counsel, U.S. Customs and Border Protection, for Defendant.

POGUE, Judge.

In this action, on November 15, 2004, the Court entered an opinion and order denying the parties' cross-motions for summary judgment, pursuant to 28 U.S.C. § 2643(b) (2000) and USCIT Rule 56(d). The Court came to the conclusion that additional evidence and testimony was needed to determine the meaning for the term "tileboard," as used by Heading 4411.19.30 of the Harmonized Tariff Schedule of the United States. See Witex, U.S.A., Inc. v. United...

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