HOME DEPOT U.S.A., INC. v. U.S.

No. 2006-1459.

491 F.3d 1334 (2007)

HOME DEPOT U.S.A., INC., Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

June 21, 2007.


Attorney(s) appearing for the Case

Christopher Dove, Locke Liddell & Sapp LLP, of Houston, TX, argued for plaintiff-appellee. On the brief were Adam J. Thurston, Eisenberg Raizman Thurston & Wong LLP, of Los Angeles, CA; David Stepp, Bryan Cave, LLP, of Santa Monica, CA; and Kelly A. Slater, of Washington, DC. Of counsel was Joseph H. Heckendorn, Knechtel, Demeur & Samlan, of Chicago, IL.

Edward F. Kenny, Attorney, International Trade Field Office, Commercial Litigation Branch, Civil Division, United States Department of Justice, of New York, NY, argued for defendant-appellant. On the brief was Peter D. Keisler, Assistant Attorney General, of Washington, DC; Barbara S. Williams, Attorney in Charge; and Jack S. Rockafellow, Attorney, of New York, NY. Of counsel on the brief was Beth C. Brotman, Office of Assistant Chief Counsel, International Trade Litigation, United States Customs and Border Protection, of New York, NY.

Before MAYER, RADER, and PROST, Circuit Judges.


MAYER, Circuit Judge.

The United States Customs and Border Protection ("Customs") appeals the judgment of the United States Court of International Trade reclassifying 105 models of light fixtures under subheading 9405.10.80 of the Harmonized Tariff Schedule of the United States ("HTSUS"). Home Depot, U.S.A., Inc. v. United States, 427 F.Supp.2d 1278 (Ct. Int'l Trade 2006). We affirm.

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