OUTER CIRCLE PRODUCTS v. U.S.

No. 2009-1179.

590 F.3d 1323 (2010)

OUTER CIRCLE PRODUCTS, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

January 5, 2010.


Attorney(s) appearing for the Case

Robert B. Silverman, Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP, of New York, New York, argued for plaintiff-appellant. With him on the brief were Curtis W. Knauss and Robert F. Seely.

Marcella Powell, Trial Attorney, International Trade Field Office, Civil Division, United States Department of Justice, of New York, New York, argued for defendant-appellee. With him on the brief were Tony West, Assistant Attorney General, and Jeanne E. Davidson, Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC.

Before NEWMAN, MAYER, and MOORE, Circuit Judges.


MAYER, Circuit Judge.

Outer Circle Products ("Outer Circle") appeals the judgment of the United States Court of International Trade rendered on cross motions for summary judgment in which the court classified Outer Circle's bottle and jug wraps under subheading 4202.92.90 of the Harmonized Tariff Schedule of the United States ("HTSUS"). We reverse.

BACKGROUND

The subject articles are soft-sided, flexible wraps constructed of a PVC closed...

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