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POMEROY COLLECTION, LTD. v. U.S.

Slip Op. 11-78. Court No. 04-00290.

783 F.Supp.2d 1257 (2011)

The POMEROY COLLECTION, LTD., Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

July 6, 2011.

Attorney(s) appearing for the Case

Fitch, King, LLC (Peter J. Fitch), New York, NY, 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 (Beverly A. Farrell and Mikki Cottet) for Defendant.

OPINION

POGUE, Chief Judge:

This action is about the correct tariff classification of two items of glass merchandise that Plaintiff, The Pomeroy Collection, Ltd. ("Pomeroy" or "Plaintiff"), imported from Mexico. The United States Customs and Border Protection ("Customs") classified both items of merchandise, under Heading 7013 of the Harmonized Tariff Schedule of the United States ("HTSUS"), as "[g]lassware of a kind used for ... indoor decoration...

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