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CIT Denies Summary Judgement Requests in Ziploc Classification Case

The Court of International Trade declined to grant summary judgments sought by both parties in a lawsuit over the correct classification of Ziploc plastic bags. CIT Judge Jennifer Choe-Groves ruled that "because genuine issues of material fact remain unresolved, the court denies the cross-motions for summary judgment and the case shall proceed to trial." The case involves Ziploc bags imported from Thailand through the Port of Los Angles in 2013. S.C. Johnson & Son, represented by Pisani & Roll, challenged CBP's classification of the bags as “articles for the conveyance or packing of goods” in heading 3923. S.C. Johnson argues that the bags are better classified in heading 3924 as “other household articles.” While CIT denied the summary judgment requests, it declined to address the classification arguments, including whether Generalized System of Preferences benefits apply.

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(S.C. Johnson & Son, Inc. v. U.S., Slip Op. 18-119, CIT # 14-00184, dated 09/14/18, Judge Choe-Groves)

(Attorneys: Michael Roll of Pisani & Roll for plaintiff S.C. Johnson & Son, Inc..; Monica Triana for defendant U.S. government)