Beverly A. Farrell , Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice ( Justin R. Miller and Karen V. Goff ), of New York, N.Y., for defendant United States. With her on the briefs were Tony West , Assistant Attorney General and Barbara S. Williams , Attorney in Charge, International Trade Field Office. Of counsel on the briefs was Michael W. Heydrich , Office of the Assistant Chief Counsel, International Trade Litigation, U.S. Customs and Border Protection, of New York, NY.
United States Court of International Trade.
OPINION
STANCEU, Judge:
Plaintiff Lerner New York, Inc. ("Lerner")1 brought this action to contest the tariff classification that U.S. Customs and Border Protection ("Customs" or "CBP") applied to a women's garment made of predominantly-nylon knitted fabric and containing an interior fabric insert marketed as a "shelf bra." The garment, Lerner style number 9843233, was marketed under the description "Bodyshaper" and imported...
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