Automatic Plastic Molding, Inc. v. United States

26 Ct. Int'l Trade 1201 (2002)

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Automatic Plastic Molding, Inc. v. United States

United States Court of International Trade
26 Ct. Int'l Trade 1201 (2002)

Facts

Automatic Plastic Molding, Inc. (APM) (plaintiff) imported into the United States amphora-shaped glass containers meeting industry specifications for food packaging. These containers were never sold to the public but were instead sold to another company that filled the containers with biscotti to be sold as a seasonal gift item, which retailed at $15 to $16 despite the fact that the biscotti alone were worth $22 to $25. The United States Customs Service (customs) (defendant) classified the containers as glassware used for decoration under subheading 7013.39.20 of the Harmonized Tariff Schedule of the United States (HTSUS), which establishes a duty rate of 27.9 percent of the value of these products. APM challenged the designation before the United States Court of International Trade, arguing that the containers must be classified as glass containers used for the conveyance and packing of goods under HTSUS subheading 7010.91.50, a duty-free classification.

Rule of Law

Issue

Holding and Reasoning (Eaton, J.)

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