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NISSHO-IWAI AMERICAN CORP. v. U.S.

Court No. 84-4-00594.

664 F.Supp. 1438 (1987)

NISSHO-IWAI AMERICAN CORPORATION, Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

March 31, 1987.

Attorney(s) appearing for the Case

Stein Shostak Shostak & O'Hara (James F. O'Hara), Los Angeles, Cal., for plaintiff.

Richard K. Willard, Asst. Atty. Gen., Washington, D.C., Joseph I. Liebman, Atty. in Charge, Intern. Trade Field Office, Commercial Litigation Branch, Civil Div., Dept. of Justice (Michael P. Maxwell), New York City, for defendant.

OPINION

TSOUCALAS, Judge:

This action is before the Court for decision after trial. It presents a novel question concerning the dichotomy created by Schedule 3, TSUS, and relevant case law, between ornamented and nonornamented apparel.

Background

The subject merchandise consists of children's warm-up suits embroidered with a trademark of Nike, Inc.1 ("Nike") on the chest portion. The entries were liquidated...

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