AIRFLOW TECHNOLOGY, INC. v. U.S.

No. 2007-1384.

524 F.3d 1287 (2008)

AIRFLOW TECHNOLOGY, INC., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

April 28, 2008.


Attorney(s) appearing for the Case

Jessica Rifkin, Rodriguez O'Donnell Ross Gonzalez & Williams, P.C., of Chicago, IL, argued for plaintiff-appellant. On the brief were Thomas J. O'Donnell and Lara A. Austrins. Of counsel was R. Kevin Williams.

Mikki Graves Walser, Senior Trial Counsel, International Trade Field Office, Commercial Litigation Branch, Civil Division, United States Department of Justice, of New York, NY, argued for defendant-appellee. With her on the brief was Barbara S. Williams, Attorney in Charge. Also on the brief were Jeffrey S. Bucholtz, Acting Assistant Attorney General, and Jeanne E. Davidson, Director, of Washington, DC. Of counsel on the brief was Michael W. Heydrich, Office of Assistant Chief Counsel, United States Customs and Border Protection, of New York, NY.

Before GAJARSA, Circuit Judge, PLAGER, Senior Circuit Judge, and DYK, Circuit Judge.


DYK, Circuit Judge.

This customs case concerns the proper classification of Sperifilt filter media ("Sperifilt"), a product used to filter dirt and other particles from circulating air. Airflow Technology, Inc. ("Airflow") appeals the grant of summary judgment by the United States Court of International Trade, holding that the merchandise at issue was properly classified under subheading 5911.40.00 of the Harmonized Tariff...

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