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ROCHE VITAMINS, INC. v. U.S.

Slip Op. 13-73. Court No. 04-00175.

922 F.Supp.2d 1353 (2013)

ROCHE VITAMINS, INC., Plaintiff, v. UNITED STATES of America, Defendant.

United States Court of International Trade.

June 14, 2013.

Attorney(s) appearing for the Case

Erik D. Smithweiss, Los Angeles, CA, Robert B. Silverman, and Joseph M. Spraragen, New York, NY, Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt, LLP, for plaintiff.

Saul Davis, Civil Division, Department of Justice, New York, NY; Stuart F. Delery, Acting Assistant Attorney General, and Barbara S. Williams, Attorney in Charge; International Trade Field Office, Commercial Litigation Branch, Civil Division, United States Department of Justice, for defendant.

OPINION

EATON, Judge.

Before the court is Roche Vitamins, Inc.'s ("plaintiff or "Roche") challenge to the classification by United States Customs and Border Protection ("Customs") of Roche's product "BetaTab 20%" ("the merchandise" or "BetaTab"). The court exercises jurisdiction pursuant to 28 U.S.C. § 1581(a) (2000). The case was tried on July 17 through 19, 2012 and post-trial briefing was completed...

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