THE PILLSBURY CO. v. U.S.

No. 04-1591.

431 F.3d 1377 (2005)

THE PILLSBURY COMPANY, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

December 15, 2005.


Attorney(s) appearing for the Case

Curtis W. Knauss, Neville Peterson LLP, of New York, New York, argued for plaintiff-appellant. With him on the brief was John M. Peterson.

Saul Davis, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, 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 and David M. Cohen, Director, of Washington, DC; and Barbara S. Williams, Attorney in Charge, International Trade Field Office, of New York, New York. Of counsel was Michael W. Heydrich, Attorney, Office of the Assistant Chief Counsel, International Trade Litigation, United States Bureau of Customs and Border Protection, New York, New York.

Before MICHEL, Chief Judge, LOURIE and LINN, Circuit Judges.


MICHEL, Chief Judge.

The Pillsbury Company ("Pillsbury") appeals the judgment of the United States Court of International Trade upholding the tariff classification of its imported Haagen-Dazs dessert bars by the United States Bureau of Customs and Border Protection ("Customs").1 Pillsbury Co. v. United States, 341 F.Supp.2d 1290 (Ct. Int'l Trade 2004). Because the finding that the Haagen...

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