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U.S. v. UPS CUSTOMHOUSE BROKERAGE, INC.

No. 2008-1409.

575 F.3d 1376 (2009)

UNITED STATES, Plaintiff-Appellee, v. UPS CUSTOMHOUSE BROKERAGE, INC., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

August 11, 2009.

Attorney(s) appearing for the Case

Patricia M. McCarthy, Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for plaintiff-appellee. With her on the brief was Jeanne E. Davidson, Director. Of counsel on the brief were Courtney E. Sheehan, Attorney, and Edward M. Greenwald, Attorney, Office of the Associate Chief Counsel, United States Customs & Border Protection, United States Department of Homeland Security, of Chicago, Illinois.

Terence J. Lynam, Akin Gump Strauss Hauer & Feld LLP, of Washington, DC, argued for defendant-appellant. With him on the brief were Lars-Erik A. Hjelm, Tamer A. Soliman and Monica P. Sekhon.

Joseph M. Spraragen, Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP, of New York, NY, for amicus curiae. With him on the brief were Alan R. Klestadt and Robert B. Silverman.

Before SCHALL, ARCHER, and MOORE, Circuit Judges.

ARCHER, Circuit Judge.

UPS Customhouse Brokerage, Inc. ("UPS") appeals the Court of International Trade's judgment in favor of the United States. The Court of International Trade held 1) UPS misclassified certain merchandise under subheading 8473.30.9000 of the Harmonized Tariff Schedule of the United States ("HTSUS"); 2) UPS's misclassification established multiple violations of 19 U.S.C. § 1641, which requires brokers to exercise responsible supervision and...

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