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Faus Group, Inc. v. United States

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Published opinion

Before SCHALL, PLAGER, and PROST, Circuit Judges.

The issue in this classification case is whether laminated flooring panels imported by Faus Group, Inc. (Faus) are properly classified as “fiberboard” under heading 4411 of the Harmonized Tariff Schedules of the United States (HTSUS), as the United States Customs Service (Customs) classified the goods, or as “builders’ joinery” under heading 4418, as Faus contends. The United States Court of International Trade sustained Customs’s classification. For the reasons that follow, we hold that the proper classification is under heading 4418, and more specifically under subheading 4418.90.40, a residual provision. We therefore reverse the judgment of the Court of International Trade.

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