ALCAN FOOD PACKAGING (SHELBYVILLE) v. U.S.

No. 2014-1003.

771 F.3d 1364 (2014)

ALCAN FOOD PACKAGING (SHELBYVILLE), Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

November 18, 2014.


Attorney(s) appearing for the Case

William Randolph Rucker , Drinker Biddle & Reath LLP, of Chicago, IL, argued for plaintiff-appellant.

Aimee Lee , International Trade Field Office, Commercial Litigation Branch, Civil Division, United States Department of Justice, of New York, NY, argued for defendant-appellee. With her on the brief were Stuart F. Delery , Assistant Attorney General, Jeanne E. Davidson , Director, and Amy M. Rubin , Acting Assistant Director, International Trade Field Office. Of counsel on the brief was Paula Smith , Office of Assistant Chief Counsel, United States Customs and Border Protection, of New York, NY.

Before PROST, Chief Judge, DYK and TARANTO, Circuit Judges.


TARANTO, Circuit Judge.

This case involves a dispute over whether a flexible multilayer sheet, composed of several plastic layers encasing a single aluminum layer, should be classified under (a) a plastics heading or (b) an aluminum-foil heading of the Harmonized Tariff Schedule of the United States (HTSUS). The Court of International Trade classified the product, called Flexalcon, under HTSUS subheading 3921.90.40 — "Other plates, sheets, film, foil and strip...

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