United States Federal Circuit

In upholding a tariff classification and rate of duty imposed by the Customs Service on certain imported merchandise, the Court of International Trade evaluated a motion for summary judgment under an erroneous legal standard and imposed an improper burden on appellant.

Appellate Information

• Decided 01/29/2003
• Published 01/29/2003

Judges

• CLEVENGER, Circuit Judge., Before CLEVENGER, SCHALL and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• James Caffentzis,Fitch, King and Caffentzis, of New York, NY, argued for plaintiff-appellant.


• For Appellees:
  
• Amy M. Rubin, Attorney, Civil Division, International Trade Field Office, Department of Justice, of New York, NY, argued for defendant-appellee.   With her on the brief were Robert D. McCallum, Jr., Assistant Attorney General;  and David M. Cohen, Director, Commercial Litigation Branch, Department of Justice, of Washington, DC;  and John J. Mahon, Acting Attorney in Charge, Civil Division, International Trade Field Office, of New York, NY. Of counsel on the brief was Karen P. Binder, Assistant Chief Counsel, International Trade Litigation, U.S. Customs Service, of New York, NY.