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STREETSURFING LLC v. U.S.

Slip Op. 14-110. Court No. 09-00136.

11 F.Supp.3d 1287 (2014)

STREETSURFING LLC, Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

September 22, 2014.

Attorney(s) appearing for the Case

Russell A. Semmel and Elyssa Emsellem , Neville Peterson LLP, of New York, NY, argued for plaintiff. With them on the brief were John M. Peterson and Maria E. Celis.

Marcella Powell , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of New York, NY, argued for defendant. With her on the brief were Stuart F. Delery , Assistant Attorney General, Barbara S. Williams , Attorney in Charge, International Trade Field Office, and Amy M. Rubin , Acting Assistant Director, International Trade Field Office. Of counsel on the brief was Paula S. Smith , Office of Assistant Chief Counsel, International Trade Litigation, United States Customs and Border Protection, of New York, NY.

OPINION

EATON, Senior Judge:

This matter is before the court on the cross-motions for summary judgment of plaintiff Streetsurfing LLC ("plaintiff" or "Streetsurfing") and defendant United States ("defendant"). Def.'s Mot. for Summ. J. (ECF Dkt. No. 52); Pl.'s Cross Mot. for Summ. J. (ECF Dkt. No. 71) ("Pl.'s Cross Mot."). Jurisdiction lies pursuant to 28 U.S.C. § 1581(a) (2006). At issue is the proper classification of Streetsurfing's waveboards...

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