DRYGEL, INC. v. U.S.

No. 2008-1101.

541 F.3d 1129 (2008)

DRYGEL, INC., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

September 9, 2008.


Attorney(s) appearing for the Case

Casey K. Richter, Neville Peterson LLP, of Washington, DC, argued for plaintiff-appellant. With him on the brief were John M. Peterson and George W. Thompson.

Barbara S. Williams, Attorney in Charge, International Trade Field Office, Commercial Litigation Branch, Civil Division, United States Department of Justice, of New York, New York, argued for defendant-appellee. With him on the brief were Jeffrey S. Bucholtz, Acting Assistant Attorney General, Jeanne E. Davidson, Director. Of counsel on the brief was Chi S. Choy, Attorney, Office of Assistant Chief Counsel, International Trade Litigation, United States Customs and Border Protection, of New York, New York.

Before RADER and SCHALL, Circuit Judges, and ILLSTON, District Judge.


SCHALL, Circuit Judge.

This case involves the tariff classification of Gel-A-Mint MagikStrips®, a breath-freshening product imported into the United States by Drygel, Inc. ("Drygel"). Drygel appeals the decision of the United States Court of International Trade granting the United States' ("the government's") cross-motion for summary judgment that the United States Bureau of Customs and Border Protection ("Customs") correctly classified the MagikStrips at a 6...

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