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On remand from: The Supreme Court of the United States

This case is before this court on remand from the Supreme Court of the United States. United States v. Mead Corp., 533 U.S. 218, 121 S. Ct. 2164 (2001) (Mead III). In Mead Corp. v. United States, 185 F.3d 1304 (Fed. Cir. 1999) (Mead II), this court reversed the Court of International Trade’s affirmance of a tariff classification from the U.S. Customs Service (Customs). Customs had classified day planners imported by Mead Corporation (Mead) as bound diaries. In reversing the trial court, this court accorded no deference to the Customs classification. The Supreme Court vacated the judgment of this court in Mead II and remanded because this court did not accord deference to the classification under Skidmore v. Swift & Co., 323 U.S. 134, 65 S. Ct. 161 (1944).

In reconsidering the merits, this court applies Skidmore deference to the classification ruling at issue. Because Customs’ classification of Mead’s day planners within subheading 4820.10.20 of the Harmonized Tariff Schedules of the United States (HTSUS) does not persuade under the Skidmore standard, this court reverses.

 
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