In the government's appeal from the Court of International Trade's order classifying a plastic-coated fabric material as a "product with textile components in which man-made fibers predominate by weight over any other single textile fiber" under the Harmonized Tariff Schedule, the order is affirmed where that category encompasses products solely containing man-made fibers.
Appeal from the United States Court of International Trade in Case No. 01-00896, Senior Judge Thomas J. Aquilino, Jr.
Decided June 16, 2009
Before NEWMAN and MOORE, Circuit Judges, and GETTLEMAN, District Judge. The Honorable Robert W. Gettleman, United States District Court for the Northern District of Illinois, sitting by designation.
Opinion for the court filed by Circuit Judge NEWMAN. Dissenting opinion filed by District Judge GETTLEMAN.
Marcella Powell, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of New York, New York, argued for defendant-appellant. With her on the brief were Barbara S. Williams, Attorney in Charge, International Trade Field Office, and Jeanne E. Davidson, Director, of Washington, DC. Of counsel was Beth C. Brotman, Attorney, Office of Assistant Chief Counsel, International Trade Litigation, United States Customs and Border Protection, of New York, New York.