U.S. Court of Appeals for the Federal Circuit, 2009

Witex, U.S.A., Inc. v. United States

U.S. Court of Appeals for the Federal Circuit · Decided September 25, 2009 · Plager, Prost, Schall

333 F. App'x 569

Counsel

Curtis W. Knauss, Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP, of New York, NY, argued for plaintiffs-appellants. With him on the brief were Robert F. Seely and Robert B. Silverman., Amy M. Rubin, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of New York, NY, argued for defendant-ap-pellee. With her on the brief were Barbara S. Williams, Attorney in Charge, and Jeanne E. Davidson, Director, of Washington, DC. Of counsel on the brief was Yele-na Slepak, Attorney, Office of Assistant Chief Counsel, International Trade Litigation, United States Customs and Border Protection, of New York, NY.

Cases that cite this one

1 later published case cites this decision.

Witex U.S.A., Inc. v. United States (United States Court of International Trade 2009)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PLAGER, Circuit Judge.

Witex, U.S.A., Inc. and Mannington Mills, Inc. appeal from a judgment of the United States Court of International Trade1 that sustained the classification of its imported laminated panels by the United States Customs Service under subheading 4411.19.40 of the Harmonized Tariff Schedule of the United States (HTSUS).

In a companion case decided today, Faus Group, Inc. v. United States, 581 F.3d 1369 (Fed.Cir. 2009), we hold that similar products should be classified under HTSUS subheading 4418.90.40 (2001), which reads: “Builders’ joinery and carpentry of wood, including cellular wood panels and assembled parquet panels; shingles and shakes: Other: Other.” *570That holding applies as well to the merchandise at issue in this ease. Accordingly, we reverse the judgment of the Court of International Trade.

. Witex, U.S.A., Inc. v. United States, 577 F.Supp.2d 1353 (Ct. Int'l Trade 2008).

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