PROCESSED PLASTICS CO. v. U.S.

No. 06-1093.

473 F.3d 1164 (2006)

PROCESSED PLASTICS COMPANY, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

December 21, 2006.


Attorney(s) appearing for the Case

Elizabeth L. Barbour, Stack & Filpi, Chartered, of Chicago, Illinois, argued for plaintiff-appellant. On the brief were Paul F. Stack and Robert A. Filpi.

James A. Curley, Attorney, Commercial Litigation Branch, Civil Division, 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, of Washington, DC; and Barbara S. Williams, Attorney in Charge, of New York, New York. Of counsel on the brief was Michael W. Heydrich, Attorney, Office of Assistant Chief Counsel, International Trade Litigation, United States Customs and Border Protection, of New York, New York.

Before LOURIE, SCHALL, and DYK, Circuit Judges.


LOURIE, Circuit Judge.

Processed Plastics Company ("Processed") appeals from the decision of the United States Court of International Trade ("the trial court") granting summary judgment in favor of the United States and holding that United States Customs and Border Patrol ("Customs") properly classified two children's backpacks and one children's beach bag under subheading 4202.92.45 of the Harmonized Tariff Schedule of the United States ("HTSUS"). Because the trial...

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