MICHAEL SIMON DESIGN, INC. v. U.S.

Slip Op. 06-128. Court No. 04-00537.

452 F.Supp.2d 1316 (2006)

MICHAEL SIMON DESIGN, INC., Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

August 24, 2006.


Attorney(s) appearing for the Case

Barnes, Richardson & Colburn (Alan Goggins), New York City, for Plaintiff.

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 (Amy M. Rubin); Sheryl A. French, Office of Assistant Chief Counsel, International Trade Litigation, U.S. Customs and Border Protection, of counsel, for the defendant.

Before: Judge Judith M. Barzilay.


OPINION

BARZILAY, Judge.

In this case, the plaintiff importer challenges a classification decision by the Bureau of Customs and Border Protection of the United States Department of Homeland Security ("Customs" or "Government") classifying certain articles of apparel as either "[s]weaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted" under heading 6110 or "women's or girls' blouses, shirts and shirt-blouses" under...

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