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WESTERN STAMPING CORPORATION v. UNITED STATES

Customs Appeal No. 5332.

417 F.2d 316 (1969)

WESTERN STAMPING CORPORATION, Appellant, v. The UNITED STATES (Louis Marx & Co., Inc., Party-in-Interest), Appellee.

United States Court of Customs and Patent Appeals.

November 6, 1969.

Attorney(s) appearing for the Case

Eugene L. Stewart, Washington, D. C., attorney of record, for appellant.

William D. Ruckelshaus, Asst. Atty. Gen., Andrew P. Vance, Chief, Customs Section, Herbert T. Posner, U. S. Dept. of Justice, Civil Division, Customs Section, for the United States.

Barnes, Richardson & Colburn, New York City, for party in interest. Hadley S. King, New York City, Earl R. Lidstrom, Chicago, Ill., of counsel.

Before RICH, Acting Chief Judge, JONES, Judge, sitting by designation, and ALMOND, BALDWIN and LANE, Judges.

LANE, Judge.

This is an appeal from the judgment and decision of the Customs Court, 61 Cust.Ct. 152, C.D. 3554 (1968), overruling appellant's protest against the classification of merchandise imported by the appellee party-in-interest. The appellant is a competing American manufacturer who instituted the protest under 19 U.S.C. § 1516(b).

The United States and the importer are in agreement that the items should be classified as typewriters under TSUS...

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