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MICHAEL SIMON DESIGN, INC. v. U.S.

No. 2009-1571.

609 F.3d 1335 (2010)

MICHAEL SIMON DESIGN, INC., Tru 8, Inc. (Doing Business as Arriviste), and Target Stores, a Division of Target Corporation, Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

June 18, 2010.

Attorney(s) appearing for the Case

Alan Goggins, Barnes, Richardson & Colburn, of New York, NY, argued for plaintiffs-appellants. With him on the brief was Eric W. Lander.

Patricia M. McCarthy, Assistant Director, International Trade Field Office, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With her on the brief were Tony West, Assistant Attorney General, Jeanne E. Davidson, Director. Of counsel on the brief were James M. Lyons, Andrea C. Casson, and Karl S. Von Shriltz, Office of the General Counsel, United States International Trade Commission of Washington, DC; and Yelena Slepak, Office of the Assistant Chief Counsel, United States Customs and Border Protection, Department of Homeland Security, of New York, NY.

Before BRYSON, GAJARSA, and MOORE, Circuit Judges.

BRYSON, Circuit Judge.

The appellants, three importers of foreign-made goods, filed actions in the Court of International Trade challenging certain modifications to the U.S. tariff schedule made by Presidential proclamation. The Court of International Trade denied the appellants' request for judicial review of the modifications. We affirm.

I

The Harmonized Tariff Schedule of the United States ("HTSUS") is the United States' implementation of the...

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