ROCHE VITAMINS, INC. v. U.S.

No. 2013-1568.

772 F.3d 728 (2014)

ROCHE VITAMINS, INC., Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

November 20, 2014.


Attorney(s) appearing for the Case

Erik D. Smithweiss , Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP, of New York, NY, argued for plaintiff-appellee. With him on the brief were Robert B. Silverman and Joseph M. Spraragen .

Patricia M. McCarthy , Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant. With her on the brief were Stuart F. Delery , Assistant Attorney General, and Jeanne E. Davidson , Director. Of counsel on the brief were Edward N. Maurer and Sheryl A. French , Office of Assistant Chief Counsel, International Trade Litigation, United States Customs & Border Protection, of New York, N.Y. Of counsel was Saul Davis , Attorney, Appellate Section, International Trade Litigation, International Trade Field Office, United States Department of Justice, of New York, N.Y.

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


LOURIE, Circuit Judge.

The United States ("the government") appeals from the decision of the United States Court of International Trade reclassifying Roche Vitamin Inc.'s ("Roche") product BetaTab 20% ("BetaTab") as "Provitamins, unmixed" under subheading 2936.10.00 of the Harmonized Tariff Schedule of the United States ("HTSUS"). See Roche Vitamins, Inc. v. United States, 922 F.Supp.2d 1353 (Ct. Int'l Trade 2013) ...

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