CIT Partially Restricts Testimony of Witnesses in Customs Clash on Wearable Blanket
The Court of International Trade on Oct. 15 partially granted importer Cozy Comfort Co.'s motions to exclude the testimony of witnesses offered by the government in a customs classification spat on The Comfy, a wearable blanket. Judge Stephen Vaden said…
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the testimony of fashion industry professional Patricia Concannon should be limited to topics pertaining to the "sale, marketing, and merchandising of apparel," as opposed to the design of The Comfy. The judge also limited the testimony of CBP national import specialist Renee Orsat, ruling that she "may not testify about opinions she formed during the Customs' classification process." In addition, Vaden denied the government's bid to exclude expert testimony from outerwear designer James Crumley, who was offered as a witness by Cozy Comfort. The judge rejected the government's attacks on Crumley's reliability as a witness.