Alexandria International, Inc. v. United States

13 C.I.T. 689 (1989)

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Alexandria International, Inc. v. United States

United States Court of International Trade
13 C.I.T. 689 (1989)

Facts

Alexandria International, Inc. (Alexandria) imported a product that was labeled, advertised, purchased, and sold under the name “cocktail sardines.” The United States Customs Service (customs) classified the product as preserved sardines under item 112.92 of the Tariff Schedules of the United States, the predecessor to the Harmonized Tariff Schedule of the United States. Alexandria challenged the classification before the United States Court of International Trade, stating that the products should be classified under item 112.40 as preserved anchovies. The parties agreed that, scientifically, the imported products were anchovies and not sardines. However, the government argued that the product imported by Alexandria was understood to be sardines according to their common and commercial usage and that common and commercial usage prevailed for purposes of tariff classification.

Rule of Law

Issue

Holding and Reasoning (Musgrave, J.)

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