PILLSBURY CO. v. U.S.

SLIP OP. 05-51, Court No. 03-00096.

368 F.Supp.2d 1319 (2005)

THE PILLSBURY COMPANY, Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

April 19, 2005.


Attorney(s) appearing for the Case

Neville Peterson LLP, Washington, DC (John M. Peterson, Maria E. Celis, Margaret R. Polito, and George W. Thompson) for The Pillsbury Company.

Peter D. Keisler, Assistant Attorney General, Barbara S. Williams, Attorney in Charge, International Trade Field Office, Commercial Litigation Branch, Civil Division, U.S. Department of Justice Chi S. Choy, Office of Assistant Chief Counsel, U.S. Customs and Border Protection, for Defendant, of counsel.


OPINION

POGUE, Judge.

Plaintiff, The Pillsbury Company ("Pillsbury"), challenges a decision by the United States Bureau of Customs and Border Protection ("Customs" or "Defendant") classifying certain imports of ice cream. Customs classified Plaintiff's imports under subheading 2105.00.20 of the Harmonized Tariff Schedule of the United States (1999) ("HTSUS") dutiable at a rate of 51.7 cents per kilogram plus 17.5% ad valorem. Pillsbury asserts that...

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