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ARKO FOODS INTERN., INC. v. U.S.

No. 2010-1211.

654 F.3d 1361 (2011)

ARKO FOODS INTERNATIONAL, INC., Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

August 11, 2011.

Attorney(s) appearing for the Case

Stephen M. De Luca , Hume & De Luca, PC, of Washington, DC, for plaintiff-appellee.

Jason M. Kenner , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for defendant-appellant. With him on the brief were TONY WEST , Assistant Attorney General, Jeanne E. Davidson , Director, Barbara S. Williams , Attorney in Charge, International Trade Field Office, of New York, New York. Of counsel on the brief was Michael Heydrich , Office of Assistant Chief Counsel, United States Customs & Border Protection, of New York, New York.

Before BRYSON, SCHALL and MOORE, Circuit Judges.

MOORE, Circuit Judge.

The government appeals the United States Court of International Trade's grant of summary judgment that mellorine is not properly classified as an article of milk under the Harmonized Tariff Schedule of the United States (HTSUS). For the reasons described below, we affirm the trial court's decision.

BACKGROUND

The imported product at issue in this case is mellorine, a frozen dessert similar to ice cream, but with vegetable...

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