United States Federal Circuit

On remand from the US Supreme Court, after applying deference under Skidmore v. Swift & Co., 323 U.S. 134 (1944), to the Customs classification ruling that plaintiff's day planners are within subheading 4820.10.20 of the Harmonized Tariff Schedules of the United States, classification is nonetheless reversed.

Appellate Information

• Decided 03/08/2002
• Published 03/13/2002

Judges

• RADER, Circuit Judge., Before NEWMAN, RADER, and SCHALL, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• J. Peter Coll, Jr.,Orrick, Herrington & Sutcliffe, LLP, of New York, New York, filed a brief on remand from the Supreme Court of the United States for plaintiff-appellant.   With him on the brief was Kristen Bancroft.   Of counsel on the brief was Sidney H. Kuflik, Lamb & Lerch, of New York, New York., Terence P. Stewart, Stewart and Stewart, of Washington, DC;  David Serko, Serko & Simon, LLP, of New York, New York;  Richard M. Belanger, Powell, Goldstein, Frazer & Murphy, LLP, of Washington, DC;  and Peter Jay Baskin, Sharretts, Paley, Carter & Blauvelt, P.C., of New York, New York, for amicus curiae Customs and International Trade Bar Association.


• For Appellees:
  
• Amy M. Rubin, Attorney, Civil Division, International Trade Field Office, Department of Justice, of New York, New York, filed a brief on remand from the Supreme Court of the United States for defendant-appellee.   With her on the brief was David M. Cohen, Director, Civil Division, Commercial Litigation Branch Department of Justice, of Washington, DC. Of counsel on the brief was Karen P. Binder, Assistant Chief Counsel, U.S. Customs Service, of New York, New York. Of counsel were William Kanter, and Bruce G. Forrest, Attorneys, Appellate Staff, Civil Division, Department of Justice, of Washington, DC;  and Allan L. Martin, Associate Chief Counsel, and Lou Brenner, Attorney, U.S. Customs Service, of Washington, DC;  and Edward N. Maurer, Attorney, U.S. Customs Service, of New York, New York.