DAL-TILE CORP. v. U.S.

No. 04-1386.

424 F.3d 1286 (2005)

DAL-TILE CORPORATION, Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

September 30, 2005.


Attorney(s) appearing for the Case

Jeffrey W. Herrmann, McGuire Woods LLP, of New York, New York, argued for plaintiff-appellee. With him on the brief was Joseph S. Kaplan.

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

Before RADER, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and PROST, Circuit Judge.


PROST, Circuit Judge.

Defendant-Appellant United States ("the government") appeals from a decision of the Court of International Trade granting judgment in favor of Plaintiff-Appellee Dal-Tile Corporation ("Dal-Tile"). Dal-Tile v. United States, No. 95-05-00679, 2004 WL 528328 (Ct. Int'l Trade Mar. 16, 2004) ("Dal-Tile"). Because we find that the Court of International Trade correctly construed the Tariff Schedules of the United States ("TSUS") and correctly...

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