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42 Cust. B. 3 (2008)

handle is hein.usfed/cusbul0058 and id is 1 raw text is: Decisions of the United States Court of International Trade Slip Op. 08-31 BEFORE: SENIOR JUDGE NICHOLAS TSOUCALAS WARNER-LAMBERT COMPANY, Plaintiff, v. UNITED STATES, Defendant. Consolidated Court No.: 02-00520 Held: Plaintiff's motion for summary judgment is granted in partand denied in part. Plaintiff's motion for sanctions is denied. Dated: March 14, 2008 Rode & Qualey, (Patrick D. Gill); of counsel: Eleanore Kelly-Kobayashi, for Warner- Lambert Company, Plaintiff. Jefirey S. Bucholtz, Acting Assistant Attorney General, Barbara S. Williams, Attorney-in-Charge, International Trade Field Office, Bruce N. Stratert, Civil Divi- sion, Commercial Litigation Branch, United States Department of Justice; of counsel: Chi S. Choy, International Trade Litigation, United States Customs and Border Pa- trol, for the United States, Defendant. OPINION TSOUCALAS, Senior Judge: Plaintiff Warner-Lambert Com- pany (Plaintiff or WLC) challenges the classification of the mer- chandise at issue by the United States Bureau of Customs and Bor- der Protection (Customs) under subheading 1704.90.35 of the Harmonized Tariff Schedule of the United States (HTSUS) cover- ing confections or sweetmeats ready for consumption, other. Plain- tiff maintains that the merchandise is properly classified under sub- heading 3306.90.00, HTSUS, as preparation for oral or dental hygiene, other. This matter is before the Court on Plaintiff's motion for summary judgment pursuant to USCIT R. 56. Plaintiff also moves for sanctions against Defendant pursuant to USCIT R. 11(c). JURISDICTION The Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1581 (2000).

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