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ROCHE VITAMINS, INC. v. U.S.

Slip Op. 10-140. Court No. 04-00175.

750 F.Supp.2d 1367 (2010)

ROCHE VITAMINS, INC., Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

December 23, 2010.

Attorney(s) appearing for the Case

Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP, New York City ( Erik D. Smithweiss,   Robert B. Silverman, and Joseph M. Spraragen ) for Plaintiff Roche Vitamins, Inc.

Tony West, Assistant Attorney General; Barbara S. Williams, Attorney in Charge, International Trade Field Office, Commercial Litigation Branch, Civil Division, U.S. Department of Justice (Saul Davis); and Sheryl A. French, Office of the Chief Counsel for Import Administration, U.S. Department of Commerce, Of Counsel, for Defendant United States.

OPINION

WALLACH, Judge.

I

INTRODUCTION

This matter comes before the court on the Motion for Summary Judgment filed by Plaintiff Roche Vitamins, Inc. ("Roche") challenging the classification of merchandise by U.S. Customs and Border Protection ("Customs"). Jurisdiction exists pursuant to 28 U.S.C. § 1581(a). Because genuine issues of material fact affect the proper classification of Roche's imported merchandise, Roche's Motion...

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