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PIMA WESTERN, INC. v. U.S.

Slip Op. 96-17. Court No. 92-04-00285.

915 F.Supp. 399 (1996)

PIMA WESTERN, INC., Plaintiff, v. The UNITED STATES, Defendant.

United States Court of International Trade.

January 16, 1996.

Attorney(s) appearing for the Case

Stein Shostak Shostak & O'Hara, Washington, DC, Steven B. Zisser, Los Angeles, CA, Bruce N. Shulman, and Scott Rosenow, Washington, DC, for Plaintiff.

Frank W. Hunger, Assistant Attorney General; Joseph I. Liebman, Attorney-In-Charge, and Susan Mansfield, International Trade Field Office, Civil Division, Dept. of Justice, Commercial Litigation Branch, for Defendant.

OPINION

WALLACH, Judge.

I

INTRODUCTION

Plaintiff, Pima Western, challenges the classification of oleoresin of paprika formulated for use as a food coloring and imported into the United States from Mexico. The Customs Service classified the product under the Harmonized Tariff Schedule of the United States ("HTSUS") as "Coloring matter of vegetable or animal origin (including dyeing extracts but excluding animal black), whether or not chemically...

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