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DIAMOND MATCH COMPANY v. UNITED STATES

C.D. 2154; Protest No. 58/21335.

181 F.Supp. 952 (1960)

DIAMOND MATCH COMPANY v. UNITED STATES (Winter, Wolff & Co., Inc., Party in Interest).

United States Customs Court, Third Division.

February 23, 1960.

Attorney(s) appearing for the Case

Lamb & Lerch, New York City (David A. Golden, New York City, of counsel), for plaintiff.

George Cochran Doub, Asst. Atty. Gen. (Richard H. Welsh, New York City, trial atty.), for defendant.

Sharretts, Paley & Carter, New York City (Howard Clare Carter, New York City, of counsel), for party in interest.

Before OLIVER, JOHNSON, and RICHARDSON, Judges.

JOHNSON, Judge.

The merchandise involved in this case consists of wooden spatulas or ice cream sticks, approximately 4½ inches long and three-eighths of an inch wide, imported from Japan, in bundles of 50, held together by a paper band or strip 1½ inches wide. The band is marked "Made in Japan," but the individual sticks are not marked. Such sticks are used primarily by the ice cream industry for insertion in...

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