FOREST LABORATORIES, INC. v. U.S.

No. 2006-1227.

476 F.3d 877 (2007)

FOREST LABORATORIES, INC., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

January 23, 2007.


Attorney(s) appearing for the Case

Frederic D. Van Arnam, Jr., Barnes, Richardson & Colburn, of New York, NY, argued for plaintiff-appellant. With him on the brief were James S. O'Kelly and Eric W. Lander.

Amy M. Rubin, Attorney, International Trade Field Office, Commercial Litigation Branch, Civil Division, United States Department of Justice, of New York, New York, argued for defendant-appellee. With her on the brief were David D. Keisler, Assistant Attorney General; David M. Cohen, Director, of Washington, DC., and Barbara S. William, Attorney in charge, of New York, New York. Of counsel on the brief was Chi S. Choy, Attorney, Office of Assistant Chief Counsel, United States Customs and Border Protection, of New York, NY.

Before LOURIE, SCHALL, and GAJARSA, Circuit Judges.


GAJARSA, Circuit Judge.

This case involves the authority of the United States Bureau of Customs and Border Protection ("Customs") to alter tariff rates for merchandise that is properly classified under the Harmonized Tariff Schedule of the United States ("HTSUS"). Forest Laboratories, Inc. ("Forest") appeals from the decision of the United States Court of International Trade granting the government's motion for judgment on the pleadings and denying Forest's motion...

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