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RUBIES COSTUME CO. v. U.S.

2018-1305.

922 F.3d 1337 (2019)

RUBIES COSTUME COMPANY, Plaintiff-Appellant v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: April 29, 2019.

Attorney(s) appearing for the Case

Glenn H. Ripa , New York, NY, argued for plaintiff-appellant. Also represented by John Anthony Bessich , Suzanne McCaffery , Follick & Bessich, P.C., Huntington Station, NY.

Peter Mancuso , International Trade Field Office, Commercial Litigation Branch, Civil Division, United States Department of Justice, New York, NY, argued for defendant-appellee. Also represented by Amy Rubin ; Jeanne Davidson , Joseph H. Hunt , Washington, DC; Michael W. Heydrich , Office of the Assistant Chief Counsel, United States Bureau of Customs and Border Protection, United States Department of Homeland Security, New York, NY.

Before Prost, Chief Judge, Reyna and Hughes, Circuit Judges.

Rubies Costume Company appeals the grant of summary judgment by the Court of International Trade in favor of the Government as to the tariff classification of certain imported merchandise. The imported merchandise consists of a nine-piece Santa Claus costume packaged and sold together as a set. The Santa Claus costume is customarily...

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