United States Federal Circuit

The Customs Service's classification of certain Halloween costumes as "festive articles" was persuasive and therefore must be granted deference under Skidmore v. Swift & Co., 323 U.S. 134 (1944).

Appellate Information

• Decided 08/01/2003
• Published 08/01/2003

Judges

• Before NEWMAN, BRYSON, and GAJARSA, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Marjorie M. Shostak, Stein Shostak Shostak & O'Hara, of Los Angeles, CA, for amicus curiae Creative Designs International Ltd., Peachtree Playthings, What Kids Want, and the Toy Association of Southern California.   With her on the brief were S. Richard Shostak, Bruce N. Shulman, and Heather C. Litman., Mark N. Bravin, Morgan, Lewis & Bockius LLP, of Washington, DC, for amicus curiae the Paper Magic Group, Inc. and Fun World/Easter Unlimited, Inc. With him on the brief was Rachel B. Irish.


• For Appellees:
  
• V. James Adduci, II,Adduci, Mastriani & Schaumberg, LLP, of Washington, DC, argued for plaintiff-appellee.   With him on the brief was David F. Nickel.   Of counsel was Mark N. Bravin, Morgan, Lewis & Bockius LLP, of Washington, DC., Saul Davis, Attorney, International Trade Field Office, Department of Justice, of New York, NY, argued for defendant-appellant.   On the brief were Robert D. McCallum, Jr., Associate Attorney General;  David M. Cohen, Director, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC;  and John J. Mahon, Acting Attorney in Charge, International Trade Field Office.   Of counsel on the brief was Beth C. Brotman, Attorney, Office of Assistant Chief Counsel, United States Customs Service, of New York, NY.