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TOY BIZ, INC. v. U.S.

Slip op. 01-9. No. 96-10-02291.

132 F.Supp.2d 17 (2001)

TOY BIZ, INC., Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

January 26, 2001.

Attorney(s) appearing for the Case

Singer and Singh, Valley Stream, NY, (Sherry L. Singer and Indie K. Singh), for Plaintiff.

Stuart E. Schiffer, Acting Assistant Attorney General, Joseph I. Liebman, Attorney in Charge, International Trade Field Office, Commercial Litigation Branch, Civil Division, United States Department of Justice, Mikki Graves Walser, Attorney, International Trade Field Office, Commercial Litigation Branch, Civil Division, United States Department of Justice, Beth C. Brotman, Office of Assistant Chief Counsel, International Trade Litigation, United States Customs Service, for Defendant, of counsel.

OPINION

RIDGWAY, Judge.

This case concerns the classification of certain X-Men and other Marvel action figures and dolls imported by Plaintiff, Toy Biz, Inc. ("Toy Biz"). The merchandise, imported from China through the ports of Seattle and Los Angles in 1993 and 1994, includes approximately 90 action figures from various Marvel Comics series (including the X-Men, Spider-Man, and the Fabulous Four), as well as a doll sold as "Jumpsie."

The figures...

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