R.T. FOODS, INC. v. U.S.

Slip Op. 12-152, Court No. 09-00455.

887 F.Supp.2d 1351 (2012)

R.T. FOODS, INC., Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

December 14, 2012.


Attorney(s) appearing for the Case

Peter S. Herrick of Miami, FL, for Plaintiff.

Beverly A. Farrell , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for Defendant. On the briefs were Stuart F. Delery , Assistant Attorney General, Barbara S. Williams , Attorney in Charge, International Trade Field Office, United States Department of Justice, and Beth C. Brotman , Of Counsel, Office of the Assistant Chief Counsel, International Trade Litigation, United States Customs and Border Protection.


OPINION

CARMAN, Judge:

This matter is before the Court on a Motion for Summary Judgment by Plaintiff R.T. Foods, Inc. ("Plaintiff" or "R.T. Foods") and a Cross-Motion for Summary Judgment by Defendant United States ("Defendant" or "Customs"). The parties dispute the correct tariff classification of the subject merchandise — frozen tempura-battered vegetable mixtures from Thailand — imported by Plaintiff. For the reasons set forth below, Plaintiff...

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