United States Federal Circuit

Because genuine issues of material fact remain as to the "essential character" of the clip frames at issue, and thus whether they should be classified under heading 7013 or 4421 of the Harmonized Tariff Schedule of the US, summary judgment for defendant was inappropriate.

Appellate Information

• Decided 02/02/2004
• Published 02/02/2004

Judges

• DYK, Circuit Judge., Before GAJARSA, LINN, and DYK, 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:
  
• Jack S. Rockafellow, Attorney, Civil Division, Commercial Litigation Branch, International Trade Field Office, United States Department of Justice, of New York, NY, argued for defendant-appellee.   With him on the brief were David M. Cohen, Director, United States 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. Brothman, Attorney, Office of Assistant Chief Counsel, International Trade Litigation, Bureau of Customs and Border Protection, United States Customs Service, of New York, NY.