United States Federal Circuit

In a case involving the tariff classification of plywood imported into the United States from Brazil by plaintiff, a ruling that Customs correctly classified plaintiff's plywood entries under subheading 4412.14.30 of the Harmonized Tariff Schedule of the United States is affirmed where: 1) the Court of International Trade did not err in finding plaintiff's proposed commercial designation of "Virola" neither uniform nor definite; and 2) plaintiff was unable to verify the actual contents of its shipments due to the mixing of species during the plywood manufacturing process employed by Brazilian mills.

Appellate Information

• Decided 01/24/2008
• Published 01/24/2008

Judges

• SCHALL, Circuit Judge., Before SCHALL, Circuit Judge, PLAGER, Senior Circuit Judge, and MOORE, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Beth C. Ring, Sandler, Travis & Rosenberg, P.A., of New York, NY, argued for plaintiff-appellant.   With her on the brief were Gilbert Lee Sandler, Edward Joffe, and Arthur Purcell.


• For Appellees:
  
• Mikki Graves Walser, Attorney, International Trade Field Office, Commercial Litigation Branch, Civil Division, United States Department of Justice, of New York, NY, argued for defendant-appellee.   With her on the brief were Peter D. Keisler, Assistant Attorney General, Jeanne E. Davidson, Director, and Barbara S. Williams, Attorney in Charge.   Of counsel on the brief was Michael W. Heydrich, Office of the Assistant Chief Counsel, United States Customs and Border Protection, of New York, NY.