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MAY FOOD MFG. v. U.S.

Slip Op. 09-36. Court No. 06-00329.

616 F.Supp.2d 1349 (2009)

MAY FOOD MANUFACTURING dba Mrs. May's Naturals, Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

May 1, 2009.

Attorney(s) appearing for the Case

Peter S. Herrick, P.A. (Peter S. Herrick) for the plaintiff.

Michael F. Hertz, Acting Assistant Attorney General; Barbara S. Williams, Attorney in Charge, International Trade Field Office, Commercial Litigation Branch, Civil Division, U.S. Department of Justice (Jason M. Kenner, Gardner B. Miller, and Mikki Cottet); Beth Brotman, Office of Assistant Chief Counsel, International Trade Litigation, U.S. Customs and Border Protection, of counsel, for the defendant.

OPINION

RESTANI, Chief Judge.

This matter is before the court on cross-motions for summary judgment by plaintiff May Food Manufacturing doing business as Mrs. May's Naturals ("Mrs. May's") and defendant United States ("the Government") pursuant to USCIT Rule 56. The Government asserts that the United States Bureau of Customs and Border Protection ("Customs") properly classified the subject merchandise as prepared almonds under subheading 2008.19.40...

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