CONTAINER STORE v. U.S.

Slip Op. 11-135. Court No. 05-00385.

800 F.Supp.2d 1329 (2011)

The CONTAINER STORE, Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

October 26, 2011.


Attorney(s) appearing for the Case

Frances P. Hadfield , Alan R. Klestadt , and Robert B. Silverman , Grunfeld Desiderio Lebowitz Silverman & Klestadt LLP, of New York, NY, for plaintiff.

Marcella Powell , International Trade Field Office, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of New York, NY, for defendant. With her on the brief were Tony West , Assistant Attorney General, Michael F. Hertz , Deputy Assistant Attorney General, Washington, DC, and Barbara S. Williams , Attorney in Charge. Of counsel on the brief was Paula S. Smith , Office of the Assistant Chief Counsel, International Trade Litigation, Bureau of Customs and Border Protection, U.S. Department of Homeland Security, of New York, NY.


OPINION

RIDGWAY, Judge:

In this action, Plaintiff The Container Store ("Container Store") challenges the decisions of the Bureau of Customs and Border Protection1 denying Container Store's protests of Customs' classification of two items—specifically, "top tracks" and "hanging standards"—which are components of Container Store's elfa® modular organization and storage system.

Container Store contends...

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