Bausch & Lomb, Inc. v. United States

148 F.3d 1363 (1998)

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Bausch & Lomb, Inc. v. United States

United States Court of Appeals for the Federal Circuit
148 F.3d 1363 (1998)

JL

Facts

Bausch & Lomb, Inc. (plaintiff) imported electric toothbrushes into the United States. The products were initially classified as toothbrushes by the United States Customs Service (customs), but that changed approximately one month later. At that time, customs issued a decision classifying the products as other electromechanical appliances, under Harmonized Tariff Schedule (HTS) number 8509.80.00. As a result, the customs duty owed on the products increased. Bausch & Lomb filed a protest with customs and argued that the products should be classified as toothbrushes under HTS 9603.21.00. The full description under the HTS 8509.80.00, the classification applied by customs, was electromechanical domestic appliances, with self-contained electric motor; other appliances. Bausch & Lomb argued that HTS 9603.21.00, brooms, brushes (including brushes constituting parts of machines, appliances, or vehicles); toothbrushes, more specifically described the electric toothbrushes. The protest was denied, and Bausch & Lomb appealed to the Court of International Trade. The trial court granted summary judgment to customs, and Bausch & Lomb appealed again.

Rule of Law

Issue

Holding and Reasoning (Plager, J.)

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