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SPECIALTY COMMODITIES INC. v. U.S.

Slip Op. 16-114 Court No. 11-00091.

190 F.Supp.3d 1277 (2016)

SPECIALTY COMMODITIES INC., Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

December 2, 2016.

Attorney(s) appearing for the Case

J. Christopher Jensen , Cowan, Liebowitz & Latman, P.C., of New York, NY, argued for plaintiff. With him on the brief were Clarence J. Erickson and Sara J. Herchenroder.

Monica P. Triana , Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of New York, NY, argued for defendant. With her on the brief were Benjamin C. Mizer , Principal Deputy Assistant Attorney General and Amy M. Rubin , Assistant Director, International Trade Field Office. Of counsel on the brief was Sheryl A. French , Office of Assistant Chief Counsel, International Trade Litigation, U.S. Customs and Border Protection of New York, NY.

OPINION

At issue is the proper classification of Specialty Commodities Inc.'s ("plaintiff") merchandise, the seeds of the Pinus koraiensis tree. Before the court is plaintiff's motion for summary judgment and the cross-motion for summary judgment of the United States on behalf of U.S. Customs...

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