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ALCAN FOOD PACKAGING v. U.S.

Slip Op. 13-94. Court No. 09-00095.

929 F.Supp.2d 1338 (2013)

ALCAN FOOD PACKAGING (SHELBYVILLE), Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

July 25, 2013.

Attorney(s) appearing for the Case

William Randolph Rucker and Kathleen M. Murphy , Drinker Biddle & Reath, LLP, Chicago, IL, for Plaintiff Alcan Food Packaging (Shelbyville).

Aimee Lee , Senior Trial Counsel, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of New York, NY, for Defendant United States. With her on the brief were Stuart F. Delery , Acting Assistant Attorney General, Washington, DC, and Barbara S. Williams , Attorney in Charge, International Trade Field Office. Of counsel on the brief was Paula Smith , Office of Assistant Chief Counsel, International Trade Litigation, U.S. Customs and Border Protection.

OPINION

BARZILAY, Senior Judge:

This case is before the court on cross-motions for summary judgment. Plaintiff Alcan Food Packaging (Shelbyville) ("Alcan"), challenges the decision of Defendant U.S. Customs and Border Protection ("Customs") denying Alcan's protests of Custom's classification of its "Flexalcon" (short for Flexible Aluminum Conserve) packaging material within the Harmonized Tariff Schedule of the United States ("HTSUS"). Customs classified...

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