United States Federal Circuit

Summary judgment for plaintiff-importer regarding the classification of merchandise as duty-free under the Harmonized Tariff Schedule of the United States is reversed where there was no protestable decision as to North American Free Trade Agreement eligibility giving rise to jurisdiction in the Court of International Trade.

Appellate Information

• Decided 01/03/2006
• Published 01/03/2006

Judges

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

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Jerry P. Wiskin, Simons & Wiskin, of South Amboy, New Jersey, argued for plaintiff-appellee.   With him on the brief was Philip Y. Simons., Aimee Lee, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of New York, New York, argued for defendant-appellant.   With her on the brief were Peter D. Keisler, Assistant Attorney General;  David M. Cohen, Director, of Washington, DC;  and Barbara S. Williams, Attorney in Charge, of New York, New York. Of counsel on the brief was Beth C. Brotman, Attorney, Office of Assistant Chief Counsel, International Trade Litigation, United States Customs and Border Protection, of New York, New York.