Slip Op. 03 - 61
J U D G M E N T
UNITED STATES COURT OF INTERNATIONAL TRADE
Thomas J. Aquilino, Jr., Judge
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ST. EVE INTERNATIONAL, INC., :
Plaintiff, :
v. : Court No. 03-00068
UNITED STATES, :
Defendant. :
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The plaintiff having commenced this case to contest
notices on Customs Form 4647 to redeliver specified women's wear
imported via Entry Nos. 655-1146249-5, 655-1151865-0 and 655-115-
2655-4, as well as notices of liquidated damages for failure to
comply with those redelivery demands; and the plaintiff having
prayed for and obtained expedited trial and decision of its com-
plaint; and the court having issued an opinion and order, slip op.
03-54, 27 CIT , F.Supp.2d (May 15, 2003), denying
certain requested relief but finding that plaintiff's goods bearing
style numbers 65132, 65134, and 27-0180-3 are correctly classi-
fiable under subheading 6109.10.0037 of the Harmonized Tariff
Schedule of the United States (2002), textile category 352, based
upon a fair preponderance of the evidence developed on the record,
which thereby overcame the presumption of correctness on behalf of
Court No. 03-00068 Page 2
the U.S. Customs Service; and the court having ordered the parties
to confer and present a proposed form of final judgment in
accordance with slip op. 03-54; and counsel having complied with
that direction; Now therefore, in accordance with slip op. 03-54,
and after due deliberation, it is
ORDERED, ADJUDGED and DECREED that the Customs notices of
redelivery (and for liquidated damages in connection therewith) in
Entry Nos. 655-1146249-5, 655-1151865-0, and 655-1152655-4 each be,
and they hereby are, vacated; and it is further hereby
ORDERED that the U.S. Bureau of Customs and Border
Protection reliquidate the merchandise of Entry No. 655-1146249-5
under subheading 6109.10.0037 of the Harmonized Tariff Schedule of
the United States (2002) at a rate of duty of 17.4 percent ad
valorem and recover from the plaintiff any additional duties owed
plus interest as provided by law.
Dated: New York, New York
June 9, 2003
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Judge