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RIDDELL, INC. v. U.S.

Slip Op. 13-37. Court No. 09-00416.

906 F.Supp.2d 1355 (2013)

RIDDELL, INC., Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

March 20, 2013.

Attorney(s) appearing for the Case

Daniel J. Gluck, Christopher M. Kane, Joel K. Simon, Scott Zarin, and Mariana del Rio Kostenwein, Simon Gluck & Kane LLP, of New York, NY, for Plaintiff Riddell, Inc.

Marcella Powell, Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of New York, NY, for Defendant United States. With her on brief was Alexander Vanderweide, Trial Attorney. Also with her on the brief were Stuart F. Delery, Principal Deputy Assistant Attorney General, and Barbara S. Williams, Attorney in Charge. Of counsel was Michael Heydrich, Office of Assistant Chief Counsel, International Trade Litigation, U.S. Customs and Border Protection, of New York.

OPINION

BARZILAY, Senior Judge:

This consolidated case is before the court on cross-motions for summary judgment. Plaintiff Riddell, Inc. ("Riddell"), challenges the decision of Defendant U.S. Customs and Border Protection ("Customs") denying Riddell's protest of Custom's classification of its football pants, jerseys, and girdle shells within the Harmonized Tariff Schedule of the United States ("HTSUS"). Customs classified the subject merchandise...

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