United States Federal Circuit

The United States Customs Service classification of certain sugar syrup under subheadings 1702.90.10/20 of the Harmonized Tariff Schedule of the United States is persuasive and lawful because of the deference due under Skidmore v. Swift & Co., 323 U.S. 134 (1944).

Appellate Information

• Decided 08/30/2001
• Published 08/30/2001

Judges

• SCHALL, Circuit Judge., Before NEWMAN, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and SCHALL, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Barry Nemmers, Member of the Board of Directors, American Association of Exporters and Importers, for amicus curiae American Association of Exporters and Importers., Daniel J. Plaine, Gibson, Dunn & Crutcher LLP, of Washington, DC, for amici curiae Florida Crystals Corporation, et al., Robert W. Johnson II, Johnson, Rogers & Clifton, L.L.P., of Washington, DC, for amicus curiae International Sugar Policy Coordinating Commission of the Dominican Republic., Peter Buck Feller, McKenna & Cuneo, L.L.P., of Washington, DC, for amicus curiae Sweetner Users Association.   With him on the brief was Kurt J. Hamrock.


• For Appellees:
  
• Simeon M. Kriesberg,Mayer, Brown & Platt, of Washington, DC, argued for plaintiff-appellee.   With him on the brief were Kathryn Schaefer and Andrew A. Nicely.   Of counsel on the brief were David Serko, Daniel J. Gluck, and Jerome L. Hanifin, Serko & Simon LLP, of New York, NY., Aimee Lee, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of New York, NY, argued for defendant-appellant United States.   With her on the brief were David M. Cohen, Director, Department of Justice, of Washington, DC;  and Joseph I. Liebman, Attorney in Charge, International Trade Field Office, of New York, NY. Of counsel on the brief were Karen P. Binder, Assistant Chief Counsel;  International Trade Litigation;  and Yelena Slepak, Office of Assistant Chief Counsel, U.S. Customs Service, of New York, NY. Also of counsel on the brief were Allan Martin, Associate Chief Counsel;  and Ellen Daly, Office of Chief Counsel, U.S. Customs Service, of Washington, DC., Lewis J. Liman, Wilmer, Cutler & Pickering, of New York, NY, argued for defendant-appellant United States Beet Sugar Association.   Of counsel on the brief were Amber L. Cottle, and Deirdre A. McDonnell, Wilmer, Cutler & Pickering, of Washington, DC.