United States Federal Circuit

Judgment upholding the tariff classification of plaintiff's imported Haagen-Dazs dessert bars is affirmed where a finding that the dessert bars are not predominantly sorbet, but frozen ice milk intermixed with yogurt and distinguishable from traditional yogurt, is not clearly erroneous.

Appellate Information

• Decided 12/15/2005
• Published 12/15/2005

Judges

• MICHEL, Chief Judge., Before MICHEL, Chief Judge, LOURIE and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Curtis W. Knauss, Neville Peterson LLP, of New York, New York, argued for plaintiff-appellant.   With him on the brief was John M. Peterson.


• For Appellees:
  
• Saul Davis, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of New York, New York, argued for defendant-appellee.   With him on the brief were Peter D. Keisler, Assistant Attorney General and David M. Cohen, Director, of Washington, DC;  and Barbara S. Williams, Attorney in Charge, International Trade Field Office, of New York, New York. Of counsel was Michael W. Heydrich, Attorney, Office of the Assistant Chief Counsel, International Trade Litigation, United States Bureau of Customs and Border Protection, New York, New York.