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ARKO INTERN., INC. v. U.S.

Slip Op. 09-149. Court No. 07-00274.

679 F.Supp.2d 1369 (2009)

ARKO FOODS INTERNATIONAL, INC., Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

December 22, 2009.

Attorney(s) appearing for the Case

Law Offices of Michael R. Doram (Michael R. Doram) for Plaintiff.

Tony West, Assistant Attorney General; Barbara S. Williams, Attorney-in-Charge, International Trade Field Office, Commercial Litigation Branch, Civil Division, United States Department of Justice (Jason Matthew Kenner, Mikki Cottet); Michael Heydrich, Office of Assistant Chief Counsel, Int'l Trade Litigation, U.S. Customs and Border Protection, of counsel, for Defendant.

OPINION

CARMAN, Judge.

This matter is before the Court on a Motion for Partial Summary Judgment by Plaintiff Arko Foods and a Cross Motion for Summary Judgment by Defendant United States. The parties are in dispute over the correct tariff classification of a frozen dessert known as mellorine, imported by Plaintiff. For the reasons set forth below, Plaintiff's motion is granted in part and denied in part, and Defendant's motion is granted in part and denied...

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