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WARNER-LAMBERT CO. v. U.S.

Slip Op. 04-74. Court No. 01-00056.

341 F.Supp.2d 1272 (2004)

WARNER-LAMBERT COMPANY, Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

June 21, 2004.

Attorney(s) appearing for the Case

Rode & Qualey (Patrick D. Gill), New York City, for plaintiff.

Peter D. Keisler, Assistant Attorney General; Barbara S. Williams, Attorney-in-Charge, International Trade Field Office, Commercial Litigation Branch, Civil Division, U.S. Department of Justice (Bruce N. Stratvert); and Office of Assistant Chief Counsel, International Trade Litigation, U.S. Bureau of Customs and Border Protection (Beth C. Brotman), for the defendant, of counsel.

Opinion

AQUILINO, Judge.

This action has been designated a test case within the meaning of USCIT Rule 84(b). It contests revocation of U.S. Customs Service letter N.Y. 832151 (Sept. 21, 1988), which ruled that "Halls Vitamin C Drops" be classified under the tariff schedules of the United States as medicament. In HQ 958150 (April 7, 1998), however, the Service, which is now known as Customs and Border Protection, U.S. Department of Homeland Security...

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