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NUTRICIA NORTH AMERICA, INC. v. UNITED STATES

Slip Op. 23-170 Court No. 16-00008.

666 F.Supp.3d 1363 (2023)

NUTRICIA NORTH AMERICA, INC., Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

December 4, 2023.

Attorney(s) appearing for the Case

John B. Brew , Crowell & Moring LLP, of Washington, D.C., for plaintiff. With him on the briefs was Alexander H. Schaefer . Also on the briefs were Maria T. Vanikiotis and Alexander T. Rosen , Crowell & Moring LLP, of New York, N.Y.

Luke Mathers , Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of New York, N.Y., for defendant. With him on the briefs were Brian M. Boynton , Principal Deputy Assistant Attorney General, Patricia M. McCarthy , Director, Justin R. Miller , Attorney-In-Charge, and Aimee Lee , Assistant Director, Commercial Litigation Branch. Of counsel on the briefs was Yelena Slepak , Office of the Assistant Chief Counsel for International Trade Litigation, U.S. Customs and Border Protection.

OPINION

Plaintiff Nutricia North America, Inc. ("Nutricia"), contesting the denials by U.S. Customs and Border Protection ("Customs" or "CBP") of its administrative protests, claims that Customs incorrectly determined the tariff classification of five imported products it describes as "medical foods." Before the court are...

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