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STOREWALL, LLC v. U.S.

No. 2010-1193.

644 F.3d 1358 (2011)

STOREWALL, LLC, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

March 31, 2011.

Attorney(s) appearing for the Case

Jessica R. Rifkin , Rodriguez, O'Donnell, Gonzalez & Williams, P.C., of Chicago, IL, argued for plaintiff-appellant. With her on the brief were R. Kevin Williams , and Thomas J. O'Donnell .

Edward F. Kenny , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of New York, NY, argued for defendant-appellee. With him on the brief were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director, of Washington, DC; and Barbara S. Williams , Attorney in Charge, of New York, NY. Of counsel on the brief was Paula S. Smith , Office of Assistant Chief Counsel, International Trade Litigation, United States Customs and Border Protection, of New York, NY.

Opinion for the court filed by Circuit Judge MOORE. Circuit Judge DYK concurs in the result.

MOORE, Circuit Judge.

StoreWALL, LLC (storeWALL) appeals the United States Court of International Trade's decision upholding the U.S. Customs and Border Protection's (Customs) classification of storeWALL's wall panels and HangUp locator tabs under Subheading 3926.90.98 of the Harmonized Tariff Schedule of the United States (HTSUS). storeWALL, LLC v. United States, 675 F.Supp.2d 1200

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