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WARNER-LAMBERT CO. v. U.S.

No. 04-1534.

425 F.3d 1381 (2005)

WARNER-LAMBERT COMPANY, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

October 13, 2005.

Attorney(s) appearing for the Case

Patrick D. Gill, Rode & Qualey, of New York, New York, argued for plaintiff-appellant. With him on the brief were John S. Rode and Eleanore Kelly-Kobayashi.

Bruce N. Stratvert, Attorney, International Trade Field Office, United States Department of Justice, of New York, New York, argued for defendant-appellee. With him on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director; and Barbara S. Williams, Attorney in Charge, International Trade Field Office. Of counsel was Beth C. Brotman, Attorney, Office of Assistant Chief Counsel, United States Customs and Border Protection.

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

FRIEDMAN, Senior Circuit Judge.

The issue is the validity of the reclassification by the United States Customs Service ("Customs") of imported Vitamin C supplement drops from their previous duty-free status as "medicaments" to dutiable status as "sugar confectionery." The Court of International Trade upheld the reclassification, and we affirm.

I

A. As the Court of International Trade stated, the imported merchandise is lozenges sold in packages under...

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