United States Federal Circuit

United States Court of International Trade's holding that certain imported goods are prima facie classifiable as Festive Articles under Heading 9505 of HTSUS is affirmed. However, the decision is vacated and remanded with respect to the goods directed to general or seasonal use instead of to specific holiday festivals, where they do not meet the criteria of Chapter 95.

Appellate Information

• Decided 10/21/2003
• Published 10/21/2003

Judges

• PAULINE NEWMAN, Circuit Judge., Before NEWMAN, LOURIE, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Christopher E. Pey,Coudert Brothers LLP, of New York, NY, argued for plaintiff-cross appellant.   With him on the brief were Steven H. Becker and Scott D. Shauf.   Of counsel was Robert L. Eisen., Alan Goggins, Barnes, Richardson & Colburn, of New York, NY, for Amici Curiae British Ceramic Gift & Tableware Manufacturers' Association, and Verband der Keramischen Industrie e.V. Of counsel on the brief were Gunter von Conrad and Kevin J. Sullivan.


• For Appellees:
  
• Mikki Graves Walser, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of New York, NY, argued for defendant-appellant.   With her on the brief was David M. Cohen, Director;  Washington, DC. Of counsel was John J. Mahon, Attorney.   Also of counsel was Sheryl A. French, Office of Assistant Chief Counsel, International Trade Litigation, U.S. Customs Service, of New York, NY.